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i <br /> O <br /> O O <br /> ti <br /> CITY of ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> �kESI;0 NO. <br /> 3. The Planning Commission reviewed this application at a public hearing <br /> held on July 19, 2004 and recommended approval of the variances based <br /> on the following findings: <br /> a. French Lake is a Natural Environment lake which requires a 150' <br /> setback from the OHWL. <br /> b. The existing home is located approximately 50' from the OHWL, <br /> entirely within the required 150' setback. <br /> c. Prior to the adoption of the Shoreland Ordinance in 1992 establishing <br /> a 150' setback from Natural Environment lakes, the home was subject <br /> to only a 26' wetland setback, at which time all structures were in a <br /> conforming location. <br /> d. The applicant has proposed to a net reduction of 1.2% hardcover <br /> within the 0-75' zone. <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 applicant 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 applicant, but is <br /> necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br /> preserve a substantial property right of the applicant; 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 variances to Orono Municipal Zoning Code Sections 78-1279 Subdivision 1, and <br /> 78-1288 Subdivision A to allow hardcover within the 0-75' setback zone of 8% where <br /> 9.2% currently exists and a lake setback variance to allow decks to be set back 45' from <br /> Page 2 of 5 <br />