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�o� 0 0 CITY of ORONO � .;. � ti ��i� �p~' RESOLUTION OF THE CITY COUNCIL `�kESHo4 No. 5 9 1 6 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable haxdship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-330 to allow redevelopment of a property 58 feet in width at the ordinary high water level (OHWL) and 145 feet at the 75-foot setback where a 140 foot width is required for both; and a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new house 48 feet from the OHWL for the house and 35 feet from the OHWL for an above grade deck where a 75-foot setback is normally required; and a variance to Orono Municipal Zoning Code Section 78-1288 to allow 24% hardcover within the 0-75 foot zone where 25% was requested and 0% is normally allowed in conjunction with construction of the new residence, subject to the following conditions: 1. Council approval is based on the site plan, building plans and landscape plans submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibits A, B & C. Any amendments to the approved plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 2,219 s.f. or 24%. Hardcover in the 75-250' zone shall be limited to 5,688 s.f. or 21.3% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. Page 3 of 5