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� O� <br /> O ,, , O <br /> ��a= - CITY of ORONO <br /> � , � �, <br /> �a ,b�� � <br /> `� ��� ::a ti <br /> � G RESOLUTION OF THE CITY COUNCI L <br /> �`�kESHOg'� NO. 'rJ o � � <br /> 4. The City Council has considered this application including the findings <br /> and recommendation of the Planning Commission, reports by City staff, <br /> comments by the applicants and the public, and the effect of the proposed <br /> variance on the health, safety and welfare of the community. <br /> �. The City Council finds that the conditions existing on this property are <br /> peculiar to it and do not apply generally to other property in this zoning <br /> district; that granting the variance would not adversely affect traffic <br /> conditions, light, air nor pose a fire hazard or other danger to neighboring <br /> property; would not merely serve as a convenience to the applicants, but is <br /> necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br /> preserve a substantial property right of the applicants; and would be in <br /> keeping with the spirit and intent of the Zoning Code and Comprehensive <br /> Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or mare of the above findings, the Orono City Council hereby <br /> grants a hardcover variance to Orono Municipal Zoning Code Section 78-282 and 78- <br /> 1288 (B) to allow an existing lakeside deck to remain in the 0-75' zone, subject to the <br /> follo�vin� conditions: <br /> 1. Council approval is based on the site plan submitted by the applicants and <br /> annotated by City staff, attached to this Resolution as Exhibit A. Any <br /> amendments to the site plan which are not in conformity with City codes will <br /> require further Planning Commission and City Council review. <br /> 2. Hardcover in the 0-75' zone shall not increase above the 6% level. Applicants are <br /> ad��ised that any future requests to increase hardcover or change the nature of <br /> e�isting/approved hardcover shall require City approval, and increases in <br /> hardcover�vill not likely be approved without concurrent reduction in existing <br /> hardcover. <br /> 3. Should at any point in time the retaining wall or deck need to be replaced, the <br /> lalteside deck must be remo�•ed in its entirety and shall not be replaced. Also, the <br /> slope must be re-vegetated�vith plant material approved by City staff in the event <br /> that the deck is removed. As allowed by Section 78-1282, a 32 square foot <br /> landing may be constructed in the 0-75' zone in the event that the deck is replaced <br /> but under no circumstances may a 32 square foot landing be constructed in <br /> Page 3 of 6 <br />