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. ,,, � : � ' Clt o� ORONO � � • � RESOLUTION OF THE CITY COUNCIL � NO. 1914 • - • • B) The addition as designed will not substantially encroach on the lake views of neighboring property owners. C) The applicant has shown that he can remove existing hardcover so that there is no net resulting increase in hardcover, maintaining the pre-existing hardcover of 9,150 s.f. or 39. 4� in the 75-250 ' setback zone. D) The proposed pool structure meets all other side and lakeshore setbacks of the LR-1B zoning district. . 4. In approving this variance, Council finds that in this unique case the higher elevation of the adjacent house to� the north and the relationship of the front lines and view lines of the adjacent houses is such that the encroachment on lake views is minimal or non-existent. 5. The proposed pool structure is located substantially back from the 75' setback line, with the most lakeward projection at 9 6' f rom the shore 1 ine. • . 6. The average setback line to which variances are granted in this resolution refers to a straight line connecting the points closest to the lakeshore of each of the adjacent residence structures. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 8. The City Counci 1 f inds that the conditions existing on this � property are peculiar to it and do not apply generally to other � property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor � pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applciant, but is necessary to alleviate a demonstrable hardship or difficulty; is � necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS • Based on the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 1 to permit the construction of an attached enclosed pool which will encroach 15' into the average lakeshore setback, and a variance to Section 10.22, Subdivision 2 to allow 39.4� hardcover in the 75-250' setback zone where only 25� hardcover is normally allowed, subject to the following conditions: Page 2 of 4