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p . O <br /> :^ , {y 41u ° <br /> CITYof ORONO <br /> ,\\ <br /> ti <br /> 6 <br /> ► RESOLUTION OF THE CITY COUNCIL <br /> , A.1/44.5) <br /> ` 1 ES1101' <br /> a. Because the wrought iron deck will be placed over existing mechanical <br /> equipment, no further negative visual appearances from the lake will <br /> result. <br /> b. The mechanical equipment will restrict the deck from becoming <br /> anything other than wrought iron,which is almost entirely permeable. <br /> c. The deck will not be any closer to the lake than the existing lake yard <br /> encroachments, which were approved by variance in Resolution <br /> #4604. <br /> d. The removal of 100 s.f. of driveway within the 0-75' zone will benefit <br /> the lake much more than the addition of the proposed wrought iron <br /> deck that is almost entirely permeable. <br /> 4. The City Council has considered this application including 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 right 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 Sections 78-1279 and 78-1288 to <br /> permit construction of a wrought iron deck within the lake yard requiring a 0-75' zone <br /> hardcover variance to permit 10.79% hardcover when 0% is normally allowed and <br /> 10.79% currently exists and also a lake setback variance to permit a lake setback of <br /> approximately 56' when 75' is normally required, subject to the following conditions: <br /> Page 2 of 6 <br />