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O 4 <br /> 0 <br /> ti <br /> CITY of ORONO <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL S�I04�G NO. '� 2 '42 2 <br /> 2. The Planning Commission reviewed this application on September 21, 2009 <br /> and on a vote of 5 - 0 recommended denial of the variance to allow the gate <br /> within the 40 foot setback, based on the following findings: <br /> a. There are no conditions existing on this property relating to the gate that <br /> are peculiar to it and that do not apply generally to other property in this <br /> zoning district. <br /> b. Granting the variance is not necessary to alleviate a demonstrable hardship <br /> or difficulty with the Property. <br /> c. The variance is not necessary to preserve a substantial property right of the <br /> Applicants. <br /> 3. The City Council has considered this application including the findings and <br /> recommendation of the Planning Commission, reports by City staff, comments <br /> by the applicants and the public, and the effect of the proposed variance on the <br /> health, safety and welfare of the community. <br /> CONCLUSIONS AND ORDER <br /> Based upon the above findings, the Orono City Council hereby denies the Applicants' request <br /> for a variance to Orono Code Section 78-1405. <br /> Adopted b the r <br /> p y Orono City Council on this 12th day of November, 2009. <br /> ATTEST: <br /> Linda S. Vee, City Clerk J es M. White, Mayor <br /> Page 2 of 2 <br />