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e ! � - I <br /> . /� I <br /> /�IIO� II <br /> O I O ' <br /> C ITY of ORO � O <br /> � <br /> ti � <br /> �`,� G'� RESOLUTION OF THE CITY COI�NCIL <br /> L9k SH�4��' N0. � � �� � �j <br /> conditions, light, air nor pose a fire hazard or other danger t� neighboring . <br /> property; would not merely serve as a convenience to the appl cants, but is <br /> necessary to alleviate a demonstrable hardship or difficulry; is necessary to <br /> preserve a substantial property riaht of the applicants; and ould be in <br /> � keeping with the spirit and intent of the Zoning Code and Compr�hensive Plan <br /> of the City. <br /> 5. The City Council has considered this application including the fmdings and <br /> recommendations of the Planning Commission, reports by City sta f, comments <br /> by the applicants and the effect of the proposed variance on the l�ealth, safety <br /> and welfare of the community. <br /> CONCLUSIONS, ORDER A.`'D COi�TDITIONS <br /> Based upon one or more of the abo��e findi.nas, the Orono City C uncil hereby <br /> grants variances to Municipal Zoning Code Section 10.56. Subdivision 16 (C) 1) to permit <br /> the construction of a swimming pool 123' from the OHRZ of Lake Classen here 150' is <br /> required to lakes classified as NE, Natural Environment and to Section 10.56, Subdivision <br /> 16 (C) (3) to permit a 9' encroachment into the averaae lakeshore setback f r structures <br />� where no encroachment is allowed subject to the follo«-in� conditions: <br /> I <br /> 1. Applicants shall remove hardcover as depicted on the approv d site plan <br /> ' attached hereto as Exhibit A. Final hardcover shall not exceed 25% of the <br /> land area within the 75-250' setback. � <br /> 2. Authorities granted by this variance run with the property n�t with the <br /> applicants, but are permissive only and must be exercised by ap lication for <br /> a buildin; permit within one year of the date of Council appr al, or this <br /> variance will expire on that date (December 11, 2001). * <br /> 3. Violation of or non-compliance with any of the terms and condit ons of this <br /> variance shall constitute a violation of the zonin� code, shall a tomatically <br /> � terminate any authority granted herein, and shall be punis able as a <br /> �� misdemeanor. <br /> � Page 3 of 6 �, <br />