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� ' � . , ; C�t� o� ORONO � • � RESOLUTION OF THE CITY COUNCIL . �, NO. 2896 • - • • B) While the deck constitutes hardcover and structural encroachment in the 0-75' zone, the replacement of that deck results in no increase in hardcover or encroachment from the deck which was previously existing at that location. C) Hardcover in the 75-250' zone is 33.7�. Hardcover in the 0-75' zone is 7.9$. Planning Commission finds that replacement in kind of the pre-existing deck at its original 12 'x 21' footprint size, does not constitute an increase in hardcover on the property and therefore no concurrent hardcover removals are required. D ) The Planning Commission further recommended approval of a standard 36 " railing around the approximately 1' high deck. The Planning Commission finds that such a railing will not result in an intensification of the average setback encroachment created by the pre-existing deck, nor will replacement • of the deck or addition of a railing have a significant effect on lake views enjoyed by neighboring property owners. ` 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 al leviate 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 4 •