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C�t� of ORONO = • RESOLUTION OF THE CITY COUNCIL � NO. 2187 � ' • � • • ' , C) The hardcover added by the 10'x23' deck is justified by the need to have a suitable area in order to exit from the proposed lake side doorway, and is justified by the concurrent proposed reduction in overall hardcover in the 75-250' setback zone. D) The proposed removal of the existing garage and construction � of a tuckunder garage will create a safer access to Fagerness •�' Point Road. 4. Both adjacent neighboring properties. contain a deck similar to the proposed deck. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. 6. 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 applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. COPiCLIISIONS, ORD�R AND CONDYTIONS • Based upon the above findings, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.22, Subdivision 1 & 2 and Section 10.55, Subdivision 8 to allow the construction of a 10'x23' deck within the 0-75' lakeshore setback zone, which will increase the hardcover in that zone to 17.3$ where no hardcover or structure is normally allowed, and allowing such deck to encroach approximately 2' into the average lakeshore setback zone where no encroachment is normally al lowed; and to allow the construction of a one-story addition with tuckunder garage in the 75-250' lakeshore setback zone, resulting in 75-250' hardcover of 34.25� where only 25� hardcover is normally allowed, subject to the following conditions: . - l. The 23'x10' deck approved is intended to replace an existing 5.5'x5.3' concrete stairway structure which wi 11 be removed. : Applicant shall remove the existing garage, shed and hardcover items • as shown on Exhibit "A" attached, prior to issuance of a Certificate of Occupancy for the residence, and applicants may not occupy the additions until such certificate is issued. � 2. Final hardcover on the property shall be as follows: -- -- -- ---- F _ _ Page 2 of 5