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0 0 <br />g CITY of ORONO <br />ti <br />RESOLUTION OF THE <br />CITY COUNCIL <br />S�I0 NO. <br />6. The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments by <br />the applicant and the public, and the effect of the proposed variances on the health, <br />safety and welfare of the community. <br />7. The City Council finds that the conditions existing on this property are peculiar to it <br />and do not apply generally to other property in this zoning district; that granting the <br />variances would not adversely affect traffic conditions, light, air nor pose a fire <br />hazard or other danger to neighboring property; would not merely serve as a <br />convenience to the applicant and owner, but are necessary to alleviate a demonstrable <br />hardship or difficulty; are necessary to preserve a substantial property right of the <br />applicant; and would be in keeping with the spirit and intent of the Zoning Code and <br />Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby grants variances to <br />Orono Municipal Zoning Code Sections 78-305 and 78-1279 to allow construction of a new single <br />family residence on a lot 1.90 acre in area and 133 feet in width where 2.0 acres in area and 200 feet <br />width are normally required, and to allow such construction to encroach past the defined `average <br />lakeshore setback line' where no encroachment is normally allowed, subject to the following <br />conditions: <br />1. Council approval is based on the building plans dated May 17, 2006 submitted by the <br />applicant and annotated by City staff, attached to this Resolution as Exhibit A; on the site <br />plan and grading plan dated June 6, 2006 submitted by the applicant and annotated by City <br />staff, attached to this Resolution as Exhibit B; and the landscaping plan by TMG (undated) <br />submitted by the applicant and annotated by City staff, attached to this resolution as Exhibit <br />C; subject to the revisions recommended by the City Engineer in the memo dated June 5, <br />2006. Any amendments to the above noted plans which are not in conformity with City <br />codes or not in keeping with the provisions of this Resolution will require further City <br />Council review. <br />2. All trees and shrubs shown on the approved landscaping plan (Exhibit C) shall be in place <br />prior to issuance of a Certificate of Occupancy for the new home. This includes any trees <br />depicted on Exhibit C that are intended to remain but which are severely damaged or <br />destroyed as a result of construction activities. <br />Page 4 of 6 <br />