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, 1 CITY of ORONO RESOLUTION OF THE CITY COUNCIL �kES1140 NO. 2972 B) Regarding the requested 8' side setback variance, the deck/greenhouse addition will be approximately 150' from the nearest affected neighbor to the southwest. There is adequate distance and screening so that this deck encroachment will have no significant visual impact on the visual density of the neighborhood. C) The Planning Commission generally agrees with the applicant's stated hardships and unusual property conditions, which include: i. Other locations for this structure on the property would require extensive digging and loss of trees and wildlife habitat. ii . The greenhouse structure requires a north/south orientation, resulting in the proposed alignment. iii. The exact location of the structure is limited by existing retaining walls , trees , topography and other improvements to the property. 4 . The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to pre- serve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 4