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,, � . .. ' .� �� yn, *t� c�t� o� oR,oNo ' C.y.'. .�. ; ,�k x7, . • ,.,�.�' , . `. 1�1v1iFf �.`, RESOLUTION OF THE CITY COUNCIL � NO. 2849 • - •. • . B) The applicant' s proposal to remove plastic underliners from existing landscape rock beds on the property to make them non-hardcover is appropriate and will result in a net reduction in hardcover on the � property from 29. 0� down to 26.3� in the 75-250 ' zone. 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 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 the City. . �, CONCLDSIONS, ORDER AND CONDITIONS � Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22 , Subdivisions 1 and 2 to permit the construction of a pool and associated patios in the lakeshore yard, such pool and patios comprising hardcover in excess of the 25� hardcover normally allowed in the 75-250' lakeshore setback zone, and such improvements encroaching 74' past the average lakeshore setback line where no encroachment is normally allowed, subject to the following conditions: l. Hardcover in the 75-250' zone is approved at a level of 26.3�. All existing and proposed hardcover approved with _ this variance approval is recorded in the calculation worksheet and diagram attached to this resolution as Exhibit , A. The current owner and all future property owners of this property are placed on notice tYiat hardcover shall not be increased above the currently approved level, and any proposed improvements of this property that will result in additional hardcover must be approved by the City. Such • approval may result in a requirement for concurrent, equivelant or greater removals of existing hardcover. All existing hardcover scheduled for removal as a condition of this resolution must be removed prior to the footing inspection for the new construction. � Page 2 of 4 .