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,w,�,:�•.. <br /> x`C 5 <br /> �����F` ` Clt� o� ORONO <br /> � <br /> � �� z� ����f. <br /> ., �s�� .�.��� <br /> �x �...�� <br /> .���.� <br /> RESOLUTION OF THE CITY COUNCIL <br /> � NO. 2853 <br /> � - • � <br /> 4 . The City Council has considered this application <br /> including the findings and recommendations of the Planning <br /> Commission, reports by City staff, comments by the applicant <br /> and the effect of the proposed variance on the health, <br /> safety and welfare of the community. <br /> 5. The City Council finds that the conditions existing on <br /> this property are peculiar to it and do not apply generally <br /> to other property in this zoning district; that granting the <br /> variance would not adversely affect traffic .conditions, <br /> light , air nor pose a fire hazard or other danger to <br /> neighboring property; would not merely serve as a <br /> convenience to the applicant, but is necessary to alleviate <br /> a demonstrable hardship or difficulty; is necessary to <br /> preserve a substantial property right of the applicant; and <br /> would be in keeping with the spirit and intent of the Zoning <br /> Code and Comprehensive Plan of the City. <br /> CONCLIISIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the findings noted above, the <br /> Orono City Council hereby grants variances to Municipal Zoning <br /> Code Section 10 .22 , Subdivisions 1 and 2 to permit the <br /> construction of a deck on the lakeshore side of the house, such <br /> deck constituting additional hardcover in the 75-250' zone in <br /> excess of the 25� hardcover normally allowed, and encroaching 13' <br /> past the average setback line where no encroachment is normally <br /> allowed, subject to the following conditions: <br /> 1. Hardcover in the 75-250' zone shall not exceed 4, 046 <br /> square feet or 41. 8 �. In order to accomplish this , <br /> applicant shall remove at least 133 square feet of plastic <br /> or fabric underliner from rock beds in the street yard, to <br /> result in no net increase in hardcover on the property. All <br /> existing and proposed hardcover approved with this variance <br /> application is recorded on the map and hardcover calculation <br /> attached to this resolution as Exhibit A. The current <br /> property owner and all future owners of this property are <br /> placed. on notice that hardcover shall not be increased above <br /> the current level and any proposed improvements on this <br /> property that will result in additional hardcover must be <br /> approved by the City. Such approval might result in a <br /> requirement for removals of existing hardcover in equivalent <br /> or greater amounts than the proposed improvements. Al1 <br /> existing hardcover required to be removed per the conditions <br /> of this application must be removed prior to the footing <br /> inspection for the new construction. <br /> Page 2 of 4 <br />