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E City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 2172 C) As a result of moving the house, the 75-250' hardcover will be increased to 33.1% where only 25% is normally allowed. This can be justified by the fact that the majority of drainage in the 75-250' zone does not flow toward the lake but is held in the basin area east of the house. D) The view encroachment caused by the proposed porch at the south end of the house is, minimal. The effected neighbor to the south has submitted a letter of non-objection to the project. E) The relocation of the municipal sewer line is feasible and will not cause any problems for the municipal sewer system. 4. 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. 5. The City Council finds 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 applicant, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with she spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 1 and 2 and Section 10.55, Subdivision 8 to reconstruct existing residence and construct a new deck within the 0-75 ' lakeshore setback zone , constituting hardcover, structure, and average setback encroachment in that setback zone where no hardcover, structures , or average setback encroachment are normally allowed; and to construct an addition to such residence that will increase the hardcover in the 75-250' lakeshore setback zone above the 25% hardcover level normally allowed, subject to the following conditions: 1. The existing house shall be moved 8' eastward from its present location, and all proposed additions, including porch, deck, attached garage, and room additions, shall be similarly moved 8' eastward from the proposed site plan, resulting in a maximum house encroachment into the 75' setback zone of 8' and a maximum deck encroachment into that zone of 16'. Page 2 of 4