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, r <br /> � O_V <br /> 0 � <br /> � n. - CITY of ORONO <br /> � � �. <br /> ti <br /> ��� ��'�' RESOLUTION OF THE CITY COUNCIL <br /> �kESH�4 NO. 319 4 <br /> c) Approximately 744 s.f. of the hardcover within the 0- <br /> 75' setback area has been installed because of the <br /> historic erosion problems of the steep lakeshore bank <br /> which was intensified at the time of the 1987 storms. <br /> d) Applicant has provided written affidavits from <br /> contractors and friends confirming that deck and gazebo <br /> structure was constructed prior to the 1987 storm and <br /> constructed sometime in the early '80s. <br /> 4. The City Counci 1 finds that the conditions existing on this <br /> property are peculiar to it and do not apply generally to <br /> other property in this zoning district; that granting the <br /> variance would not adversely affect traffic conditions, <br /> light, air nor pose a fire hazard or other danger to <br /> neighboring property; would not merely serve as a <br /> convenience to the applicant, but is necessary to alleviate <br /> • a demonstrable hardship or difficulty; is necessary to <br /> preserve a substantial property right of the applicant; and <br /> would be in keeping with the spirit and intent of the Zoning <br /> Code and Comprehensive Plan of the City. <br /> 5. The City Council has considered this application including <br /> the findings and recommendations of the Planning Commission, <br /> reports by City staff, comments by the applicant and the <br /> effect of the proposed variance on the health, safety and <br /> � we 1 f are of the community. <br /> CONCLIISIONS, ORDffiZ AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City <br /> Council hereby grants variances to Municipal Zoning Code Sections <br /> 10.22, Subdivision 1 (A) and Subdivision 2 to allow grade level <br /> decking constructed without the benefit of a building permit to remain <br /> resulting in an increase of 312 s.f. or 2� of hardcover in the 0-75' <br /> setback area and 14 s.f. for timber retaining walls to border formal <br /> planting area in lakeshore yard, subject to the following conditions: <br /> 1. All non-structural and structural hardcover improvements <br /> scheduled for removal as shown on Page 7 of this resolution <br /> shall be completed by June l, 1993. Hardcover within the 0- <br /> 75' setback area shall remain at 3 ,799 s.f. or 25.3�. <br /> • Hardcover within the 75-250' setback area shall remain at <br /> 1,537 s.f. or 37.4$. <br /> Page 2 of 7 <br />