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�� ,� � <br /> City of ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> • NO. 2904 <br /> • - • • <br /> B) The applicant has agreed to remove specific items <br /> of hardcover in both zones, resulting in a decrease in <br /> the 0-75' zone to 1.12$, and a decrease in the 75-250' <br /> zone down to 49.5�. The Planning Commission finds that <br /> these decreases are in keeping with the intent of the <br /> zoning code and appropriate given the current state of <br /> development of this property. <br /> C) The 1.5' side setback encroachment to accommodate a <br /> stairway on the south side of the new deck is <br /> approximately equivalent to the side setback <br /> encroachment of a stairway which previously existed on <br /> the north side of the deck and which has been removed. <br /> D) The lakeviews enjoyed by the neighboring property <br /> owner to the south are only minimally affected by the <br /> side setback and average setback encroachment, and such <br /> views are already partially screened by existing <br /> vegetation at the lot line. <br /> 4 . The City Council has considered this application <br /> including the findings and recommendations of the Planning <br /> Commission, reports by City staff, comments by the applicant <br /> and the effect of the proposed variance on the health, <br /> safety and welfare of the community. <br /> 5. The City Council finds that the conditions existing on <br /> this property are peculiar to it and do not apply generally <br /> to other property in this zoning district; that granting the <br /> variance would not adversely affect traffic conditions, <br /> light, air nor pose a fire hazard or other danger to <br /> neighboring property; would not merely serve as a <br /> convenience to the applicant, but is necessary to alleviate <br /> a demonstrable hardship or difficulty; is necessary to <br /> preserve a substantial property right of the applicant; and <br /> would be in keeping with the spirit and intent of the Zoning <br /> Code and Comprehensive Plan of the City. <br /> CONCLDSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the findings noted above, the <br /> Orono City Council hereby grants a variance to Municipal Zoning <br /> Code Section 10.22, Subdivisions 1 and 2 and Section 10.24, <br /> Subdivision 5 (B) to permit the construction of a deck which <br /> encroaches past the average lakeshore setback line where no <br /> encroachment is allowed, such deck being 8.5' from the side lot <br /> line where a 10' side setback is normally required, and such deck <br /> constituting hardcover in excess of the 25$ hardcover normally <br /> allowed in the 75-250' zone, subject to the following conditions: <br /> Page 2 of 4 <br />