#3472-variances-1994 - Laserfiche WebLink

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�' ��' CITY of ORONO O , O �r�,��-�� RESOLUTION OF THE CTI'Y COUNCIL � �� , _ � No. 34 "72 � � , `,�� ti � �t9�,, � �og�G Es8 3. The Orono Planning Commission reviewed this application on September 19, 1994, and recommended approval of the proposed variances based upon the following findings: A. A deck and railing have existed at this location for more than four decades. B. The deck and railing to be replaced are located 7.3' from the side lot line where a 10' side setback is required, and 65' from the shoreline where a 75' setback is normally required, and located lakeward of the average lakeshore setback as defined by neighboring residence structures. C. Replacement of the deck does not constitute a new encroachment into the side or lakeshore setbacks nor does it create a new view encroachment for neighboring properties. D. The proposed replacement does not constitlite new or additional hardcover on the property, although the existing hardcover is in excess of the zoning district limits in each zone. 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 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. Page 2 of 5 Fam 5005 DisN Orr.