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r i c�t� o� oR,oNo � -��i _ . :..r...� . }y;r RESOLUTION OF THE CITY COUNCIL ° �:;� • NO. 2 84 2 . . Y h��'�' '�. ,• _ • • ,.�',.x i` • 5. 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. 6. 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 �he City. CONCLDSIONS, 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 and 2 to permit construction of a landing and access stairs within the lakeshore yard of the property requiring approval of a lakeshore setback variance of 44' for the new structure where a 75' setback is required and approval of additional hardcover of 32 s.f. for a total of approved hardcover at 2,005 s.f. or 21. 6� where none is allowed subject to the following conditions: l. Applicant shall obtain a building permit for approved landing and stairs limited to 32 s.f. Access stairs shall be constructed so that they run parallel to the lakeside of the house. The City shall approve no more than a 4' encroachment into the lakeshore setback area beyond the existing principal structure. 2. Authorities granted by this variance run with the property not with the applicant, but are permiss-ive only and must be exercised by application for a building permit within one year of the date of Counci 1 approva l, or thi s variance wi 11 expire on � that date (July 23, 1991). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted . herein, and shall be punishable as a misdemeanor. • Page 2 of 4