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City of oRolvo RESOLUTION OF THE CITY COUNCIL NO. 2527 C) The proposed addition technically is a further encroachment into the defined average lakeshore setback zone. However, due to topography of this property -and the neighboring properties, no lake views enjoyed by neighboring property owners will be encroached upon as a result of this addition. D) The proposed addition will result in a final hardcover in the 0-75' lakeshore setback zone of 1,752 s.f. or 22.2%, which includes a 160 s.f. deck and 495 s.f. of landscape areas underlaid by porous fabric which were not considered hardcover by the City in the 1985 approval, but are considered hardcover by the City Council currently. The resulting hardcover of 22.2% results partially from the applicants' intent to remove a 52 s.f. shed on the westerly lakeshore side of the property which is considered as a non -conforming structure. • E) Hardcover in the 75-250' zone as a result of this addition will be 2,919 s.f. or 33.0%, which includes 646 s.f. of landscape rock beds underlaid by porous fabric. There is no additional hardcover that can be feasibly removed on this property to decrease hardcover percentages. 4. 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. 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 applicants, 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 & 2 and Section 10.55, Subdivision 8 to permit the Konstruction of an addition to the existing residence, granting variances o allow construction of an addition located 68' from the lakeshore where a 75' setback is normally required, allowing an encroachment of 22' past the defined average lakeshore setback line where no encroachment is normally allowed, and allowing hardcover in the amount of 22.2% in the 0-75' lakeshore setback zone and 33.0% in the 75-250' lakeshore setback zone where only 0% and 25% hardcover is normally allowed in those respective zones, subject to the following FRggi�i8Ps4