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0 0 g. 0 CITY of ORONO � i;.�irk Opti RESOLUTION OF THE CITY COUNCIL 4kESH& NO, 3142 C. Based on the pattern of development of the adjacent properties, the subject deck has no visual impact on the lake views of the adjacent residences. 4. 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 after-the-fact variances 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. 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 after-the-fact variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants after-the-fact variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Subdivision 2 to permit major structural restoration of a deck located within the lakeshore protected area and 105 s.f. of hardcover where no such improvements or hardcover are allowed, subject to the following conditions: 1. Authorities granted by this after-the-fact variance run with the property not with the applicants, but are permissive only and must be exercised by application for a penalty building permit within ten days of the date of Council's approval of this resolution (August 6, 1992 ) . Page 2 of 4