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- • , <br /> � <br /> ' ` \ <br /> . � Cit� of ORONO <br /> d <br /> • . <br /> RESOLUTION OF THE CITY COUNCIL <br /> � � NO: 1750 <br /> � � <br /> � � • • <br /> 4. The Council finds no hardship demonstrated which <br /> would justify allowing the storage structure to remain <br /> within the lakeshore setback area once the principal <br /> . •structure is constructed. <br /> ' 5. The applicant has stated that the decking is under- <br /> lain by sandy material and boulder rip-rap, has no <br /> plastic sheeting or other impermeable material which <br /> would retard infiltration, and will remain in this <br /> � condition permanently. <br /> 6. The applicant has allowed the natural vegetative <br /> screening to remain on the site. <br /> 7. The City Council has considered this application <br /> . including the findings and recemmendations of the <br /> Planning Commission, reports by CiLy staff, comments by <br /> the applicant, and the effect of the proposed variance <br /> on the health, safety, and. welfare of the community. <br /> • 8. The City Council finds that the conditions existing <br /> on this :�roperty are peculiar to it and do not apply <br /> general �y to other property in this zoning district; <br /> that granting the variance would not adversely affect <br /> traffic conditions, light, air nor pose a fi�re hazard <br /> � or other danger to neighboring property; would not <br /> merely serve as a convenience to the applicant, but is , <br /> necessary to alleviate a demonstrable hardship or dif- <br /> ficulty; is necessary to preserve a substantial <br /> property right of the applicant; and would be in keep- <br /> ing with the spirit and intent of the Zoning Code and <br /> Comprehensive Plan of the City. <br /> CONCLUSIONS, ORDER, AND CONDITIONS � <br /> `Based upon the above findings, the Orono City Council <br /> hereby grants an after-the-fact variance to Municipal Code <br /> Sections 10.55, Subdivision 8, and 10.31, Subdivision 9 to allow <br /> construction of a deck located within the 0-75' setback area, <br /> which structure comprises 424 square feet (or 5.8$) hardcover <br /> where no permanent or •temporary structures and no hardcover are <br /> normally allowed, subject to the following conditions: <br /> � l. The deck structure may never be underlain with <br /> • materials which would decrease the permeability of the <br /> land below the deck, nor shall it be enclosed, covered, <br /> or altered in any way so as to become hardcover. <br /> � Page 2 of 4 <br />