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A� h Y City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2853 • i • 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. 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 and 2 to permit the construction of a deck on the lakeshore side of the house, such deck constituting additional hardcover in the 75-250' zone in excess of the 25% hardcover normally allowed, and encroaching 13' past the average setback line where no encroachment is normally allowed, subject to the following conditions: 1. Hardcover in the 75-250' zone shall not exceed 4, 046 square feet or 41. 8 %. In order to accomplish this , applicant shall remove at least 133 square feet of plastic or fabric underliner from rock beds in the street yard, to result in no net increase in hardcover on the property. All existing and proposed hardcover approved with this variance application is recorded on the map and hardcover calculation attached to this resolution as Exhibit A. The current property owner and all future owners of this property are placed on notice that hardcover shall not be increased above the current level and any proposed improvements on this property that will result in additional hardcover must be approved by the City. Such approval might result in a requirement for removals of existing hardcover in equivalent or greater amounts than the proposed improvements. All existing hardcover required to be removed per the conditions of this application must be removed prior to the footing inspection for the new construction. Page 2 of 4