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i <br />5.The City Council has considered this s|)plication including the findings and recommendations <br />of the Planning Commission, reports by City stafT, comments by the applicants and the <br />public, and the effect of the proposed variance on the health, safety and welfare of the <br />community. <br />6.The City Council finds that the conditions existing on this property are peculiar to it and do <br />not apply generally to other property in this zoning district; that granting the variance would <br />not adversely affect traffic conditions, light, air norposeafire hazard or other danger to <br />nei^boring property; would not merely serve as a convenience to the applicants, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a <br />substantial property right of the applicants; and would be in keeping with the spirit and intent <br />of the Zoning Code 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 <br />variances to Municipal Zoning Code Section 78-1279to permit the construction of a single family residence, <br />located less than the required 30' setback from the defined tqjofbluff; located partially within the defined <br />bluff impact zone where no structure is normally allowed; and located lakeward of the defined average <br />lakeshore setback line where no encroachment is normally allowed, subject to the following conditions: <br />1.Council approval is based on the site plan submitted by the applicant and attached to this resolution <br />as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will <br />require further Planning Commission and City Council review. <br />2.This approval includes the necessary minor grading within the bluff impact /one to allow for <br />construction of the new garage portion ofthe new home, and to restore the existing house site to the <br />contours shown on the approved site plan. <br />3.\pplicants shall provide confirmation of hardcover percentage compliance per standard procedure <br />prior to issuaiKe of building permits. <br />4. The proposed grading plan dated April 11,2005 is approved subject to City Engineer ’s review and <br />approval. <br />Page 3 of 6 <br />TrfTi 111 lUn I ■■■■ iM~ I ~ 11 Tfi ■ m