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. o <br /> 410 CITY of ORONO <br /> RESOLUTION OF THE CITY COUNCIL y <br /> `1 , A, NO. 3 4 6 2 <br /> t N <br /> l <br /> �9k'ESI;�g� <br /> 3. The Orono Planning Commission reviewed this application on September 19, <br /> 1994, and recommended approval of the proposed variances based upon the <br /> following findings: <br /> A. A deck and railing have existed at this location for more than four <br /> decades. <br /> B. The deck and railing to be replaced are located 7.3' from the side lot line <br /> where a 10' side setback is required, and 65' from the shoreline where a <br /> 75' setback is normally required, and located lakeward of the average <br /> lakeshore setback as defined by neighboring residence structures. <br /> C. Replacement of the deck does not constitute a new encroachment into the <br /> side or lakeshore setbacks nor does it create a new view encroachment for <br /> neighboring properties. <br /> D. The proposed replacement does not constitute new or additional hardcover <br /> on the property, although the existing hardcover is in excess of the zoning <br /> district limits in each zone. <br /> 4. The City Council has considered this application including the findings and <br /> recommendations of the Planning Commission, reports by City staff, comments <br /> by the applicant and the effect of the proposed variance on the health, safety and <br /> welfare of the community. <br /> 5. The City Council finds that the conditions existing on this property are peculiar <br /> to it and do not apply generally to other property in this zoning district; that <br /> granting the variance would not adversely affect traffic conditions, light, air nor <br /> pose a fire hazard or other danger to neighboring property; would not merely <br /> serve as a convenience to the applicant, but is necessary to alleviate a <br /> demonstrable hardship or difficulty; is necessary to preserve a substantial property <br /> right of the applicant; and would be in keeping with the spirit and intent of the <br /> Zoning Code and Comprehensive Plan of the City. <br /> Page 2 of 5 <br /> Form 5005 Disk Orono <br />