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� o� <br /> O R� O CITY of ORONO <br /> ,� <br /> ��, ����-. <br /> a °`' �„ � RESOLUTION OF THE CITY COUNGL <br /> ,�� � �� �z.�. � N O. � � ' � <br /> ,� �:� G <br /> �kESHOg� <br /> i. The pool is not proposed to have any vertical appurtenances such as slides, <br /> diving boards and the like. <br /> j. The Applicant's request is in harmony with the purpose and intent of the <br /> ordinance. <br /> k. The Applicant has demonstrated that enforcing the average lakeshore <br /> setback provision of the Zoning Ordinance deprives the Applicant of the <br /> reasonable use of their property. <br /> 4. The City Council has considered this application including the findings and <br /> recommendation of the Pianning Commission, reports by City staff, comments by <br /> the applicants and the pubiic, and the effect of the proposed variance on the <br /> health, safety and welfare of the community. <br /> 5. The City Council finds that the conditions existing on this property are peculiar to <br /> it and do not apply generally to other property in this zoning district; that granting <br /> the variance would not adversely affect traffic conditions, light, air nor pose a fire <br /> hazard or other danger to neighboring property; would not merely serve as a <br /> convenience to the Applicant, but is necessary to alieviate a practical difficulty; is <br /> necessary to preserve a substantial property right of the Applicant; and would be <br /> in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan <br /> of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a <br /> variance to Orono Municipal Zoning Code Section 78-1279(6) to allow construction of an in- <br /> ground pool encroaching up to 20 feet into the average lakeshore setback; and a conditional <br /> use permit pursuant to Orono Municipal Zoning Code Section 78-303(7) to allow installation of a <br /> full bathroom including a bathtub and/or shower within a conforming Pool Cabana subject to the <br /> following conditions: <br /> 1. Councii approval is based on the survey submitted by the Applicant and annotated by <br /> City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan <br /> which are not in conformity with City codes will require further Planning Commission and <br /> City Council review. <br /> 2. Proposed hardcover levels are conforming and no hardcover variances are granted. <br /> 3. The Applicant hereby covenants the Pool Cabana will not be: <br /> Page 3 of 5 <br />