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„ , � _ ; � �.,,:=� C�t� o� ORONO • � - RESOLUTION OF THE CITY COUNCIL �� . ” NO. 2862 • - • • removed in equivalent amounts, yielding no net increase in hardcover on the property. c. Hardcover on the property as a whole is 13.3� of the , entire lot, leaving 86.7$ of the lot in vegetated area available for the absorption and filtration of run-off. 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 general ly 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 ri�ght of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLIISIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 1 & 2 to permit the construction of a 3 season porch and upper level decks, such porch and decks encroaching past the average lakeshore setback line where no encroachment is normally allowed, and such improvements constituting additional hardcover in the 75-250' zone in excess of the 25� hardcover normally allowed in that zone, subject to the following conditions: t, � l. Hardcover in the 75-250' zone is approved at a level of 35.5$. All existing and proposed hardcover approved with this variance approval is recorded in the calculation worksheet and diagram attached to the resolution as Exhibit B. The current property owner and all future owners of this property are placed on notice that 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 equivalent 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