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- �o� <br /> 0 0 <br /> � CITY of ORONO <br /> � �. � <br /> ti <br /> ti <br /> RESOLUTION OF THE CiTY COUNCIL <br /> �L'9 , p4�'�G NO. � i� �� �� <br /> kESH. <br /> c. The existing grade level deck is located entirely within the lake <br /> setback. <br /> d. Any proposed change in the hardcover within the 0-75' setback zone <br /> requires a variance as the hardcover level in the area is non- <br /> confoi-ming at 21.61%. <br /> e. The applicants are proposing to reduce the hardcover level by 52 s.f. <br /> with the removal of the existing deck and adding a smaller stone patio <br /> to achieve a level within the 0-75' zone of 21.18%. <br /> 4. The City Council has considered this application incIuding the findings <br /> and recommendation of the Planning Commission, reports by City staff, <br /> comments by the applicants and the public, and the effect of the proposed <br /> variance on the health, safety and welfare of the community. <br /> 5. The City Council finds that the conditions existing on this property are <br /> peculiar to it and do not apply generally to other property in this zoning <br /> district; that granting the variance would not adversely affect traffic <br /> conditions, light, air nor pose a fire hazard or other danger to neighboring <br /> property; would not merely serve as a convenience to the applicants, but is <br /> necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br /> preserve a substantial property i-ight of the applicants; and would be in <br /> keeping with the spirit and intent of the Zoning Code and Comprehensive <br /> Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby <br /> grants a variance to Orono Municipal Zoning Code Section 78-1288 Subdivisions A and <br /> B to allow a hardcover variance within the 0-75' setback zone in order to reduce the <br /> hardcover from 21.61% to 21.18% subject to the following conditions: <br /> 1. Council approval is based on the site plan submitted by the applicants and <br /> annotated by City staff, attached to this Resolution as Exhibit B. Any <br /> amendments to the site plan which are not in conformity with City codes will <br /> require further Planning Commission and City Council review. <br /> 2. Hardcover in the 0-75' zone shall not increase above the 21.18% per the proposed <br /> plan and hardcover allowance summary as depicted on Exhibit B. Applicants are <br /> advised that any future requests to increase hardcover or change the nature of <br /> Page 2 of 5 <br />