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O O CITY of ORONO 'a �+ RESOLUTION OF THE CITY COUNCIL NO. 6 2 0 4 SIR variance on the health, safety and welfare of the community as well as the impact on properties in the vicinity. 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 Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance from Orono Code Section 78-1279(3) approving a 68 foot setback from the creek where a 75 foot setback is required; a variance from Orono Code Sections 78-1680 and 78-1700 in order to construct a detached garage with driveway resulting in 904 square feet of hardcover within 75 feet of the creek where hardcover is not permitted and 1,562 square feet currently exists; and a setback variance from Orono Code Section 78-1434 approving a 39.5 foot setback from Watertown Road where a 50 foot setback plus a setback equal or greater than the house is required, subject to the conditions listed below: 1. Council approval is based on the survey and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to these plans may require further Planning Commission and City Council review. 2. Prior to the issuance of a building permit for the garage the Applicants shall request a wetland buffer evaluation by the City. The 16.5 foot wetland buffer shall be established (or improved) and maintained in the areas shown on Exhibit A. The buffer work shall be completed prior to the release of the building permit escrow. 3. Permits from the MCWD may be required; copies of MCWD approvals should be submitted to the City prior to the issuance of a building permit if appropriate. 4. The Applicants shall follow all of the City Engineer's recommendations regarding grading, wetland buffer requirements and retaining wall construction with the building permit. Page 3 of 5