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CITY of ORONO �AV , RESOLUTION OF THE CITY COUNCIL � kESH04 NO. 3032 B) The applicant has made a good faith effort to minimize hardcover on the property by agreeing to remove portions of the existing driveway, areas of plastic-lined landscape beds, and has reduced the amount of hard surface from his initial proposal to minimize hardcover associated with the patio and retaining walls surrounding the pool. The increase in 75-250' hardcover is from an existing level of 23 . 4% to a revised proposal of 27. 8% 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 after-the-fact 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 the above findings, 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 and retaining walls , such construction encroaching 25' past the average lakeshore setback line where no encroachment is normally allowed , and such construction constituting hardcover in the 75-250' zone in excess of the 25% hardcover normally allowed, subject to the following conditions: Page 2 of 6