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o <br /> CITY OFR � <br /> O �oN <br /> RESOLUTION OF THE CITY COUNCIL 4% <br /> NO. 649 2 \ <br /> kFsxo� <br /> 6. The City Council finds that the conditions existing on this Property are peculiar <br /> to it and do not apply generally to other properties in this zoning district; that <br /> granting the variance would not adversely affect traffic conditions, light, air nor <br /> pose a fire hazard or other danger to neighboring property; would not merely <br /> serve as a convenience to the Applicants, but is necessary to alleviate a <br /> practical difficulty; is necessary to preserve a substantial property right of the <br /> Applicants; and would be in keeping with the spirit and intent of the Zoning Code <br /> and 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 a <br /> variance to Orono Municipal Zoning Code Sections 78-1435 to allow construction of a fenced <br /> 105' x 36' sport court in a location nearer to the front or street lot line than the principal building <br /> on the property where no accessory structure is normally allowed, subject to the following <br /> conditions: <br /> 1. Council approval is based on the survey dated submitted by the Applicants and <br /> annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to <br /> the plans which are not in conformity with City codes will require further Planning <br /> Commission and City Council review. <br /> 2. The sport court shall be screened from view from the adjacent properties. <br /> 3. The sport court location may be adjusted within the approximate construction area as <br /> needed within the allowed setback parameters and to assure that it is adequately <br /> screened. <br /> 4. The survey submitted with the building permit application shall accurately identify <br /> location of the primary and alternate drainfield locations as well as the wetland <br /> boundary, if within 150 feet of the proposed sport court. <br /> 5. The lighting for the sport court shall be directed downward and not into adjacent <br /> residential properties. Additionally, the light source or "light bulb" shall be shielded so <br /> as not to be visible from adjacent properties. <br /> 6. An as-built survey shall be submitted prior to the release of the application escrow <br /> funds. <br /> Page 3 of 5 <br />