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. .y _ . � � . - � � c�t� �o� oR,oNO � � � • �• . ., � � RESOLUTION OF THE CITY COUNCIL • ' � � . . NO. 2325 _ _. _ _... � , ' • � • • c) Applicant constructed an 8'x 30' deck on the lakeshore ' � side of the existing residence in violation of the conditions of the original 1978 variance approval Application #368. � Applicant should comply with condition of that approval by removal the appropriate portions of that illegal deck. 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 gene�`al ly 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 Com�rehensive Plan of the City. CONCLDSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.25, Subdivision 6(B) to al low construction of a second story addition over an existing first story located 4.2' from the side lot line where a 10' side setback is normally required; and grants a variance to Section 10.22 , Subdivision 1 to allow encroachment of 7' into the average lakeshore setback zone where no encroachment is normally allowed and allow a 1' encroachment into the 0-75' lakeshore setback zone where no encroachment is normal ly al lowed; and grants a variance . to Section 10.22, Subdivision 2 to allow hardcover of 1.3$ in the 0- � 75' lakeshore setback zone where no hardcover is normally allowed, subject to the following conditions: , 1. Applicant must remove the 8'x 30' deck except for a 6'x 8' section which is allowed to remain. • 2. The removed deck sections may be replaced with a loose rock or � woodchip area underlain by permeable geotechnical weed reduction fabric but not plastic sheeting which is hardcover. V � Page 2 of 4