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� . . ���� ����� ��� ���� <br /> . � �"s�'J4 ��'���� �*� <br /> ��������� �� '�l�S� <br /> � C�ty o� ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> • NO. 2860 <br /> • - • • <br /> c. The proposed pool , while encroaching 71' past the <br /> average setback line, is at a relatively low point in the <br /> topography as compared to both neighboring properties, and <br /> will have no impact on neighbors views of the lake. <br /> d. The proposed pool and additions comprise additional <br /> structural and at-grade hardcover on the property of 368 <br /> s.f. Applicant proposes removals of approximately 927 s.f., <br /> for a net reduction in hardcover to 35.6� from the pre- <br /> existing 37 . 5 �. Planning Commission' s review of the <br /> application indicated that the proposed pool would likely <br /> have some additional hardcover after it was moved a few feet <br /> lakeward to meet the 10' deck overhang setback. Applicants <br /> noted that if that occurred, there was additional hardcover <br /> in rock and plastic, and driveway, that could be removed so <br /> that hardcover would never exceed 35.6� in the 75-250' zone. <br /> 4. The City Council has considered this application including <br /> the findings and recommendations of the Planning Commission, <br /> reports by City staff , comments by the applicant and the effect <br /> of the proposed variance on the health, safety and welfare of the <br /> community. <br /> 5. The City Council finds that the conditions existing on this <br /> property are peculiar to it and do not apply generally to other <br /> property in this zoning district ; that granting the variance <br /> would not adversely affect traffic conditions, light, air nor <br /> pose a fire hazard or other danger to neighboring property; would <br /> not merely serve as a convenience to the applicant, but is <br /> necessary to al leviate a demonstrable hardship or difficulty; is <br /> necessary to preserve a substantial property right of the <br /> applicant; and would be in keeping with the spirit and intent of <br /> the Zoning Code and Comprehensive Plan of the City. <br /> CONCLIISIONS, ORDER AND CONDITIONS <br /> Based upon the above findings, the Orono City Council hereby <br /> grants a variance to Municipal Zoning Code Section 10.22, Subdivision <br /> 1 & 2 to permit the construction of proposed additions and pool, which <br /> additions and pool encroach past the defined average lakeshore setback <br /> line where no encroachment is normally allowed, and which comprise <br /> additional hardcover in the 75-250' zone above the 25� hardcover <br /> normally allowed, subject to the following conditions: <br /> Page 2 of 5 <br />