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3. <br />4. <br />5. <br />The Orono Planning Commission reviewed this application on January 22,2003 and <br />recommended approval of the proposed variances based upon the following findings: <br />A. The existing residence was built in 1974. <br />B. The property is unusual that it is surrounded on two side by platted, but <br />undeveloped right of ways. <br />C. The City is unlikely to vacate Summit Avenue or Grant Street, therefore there <br />is not additional land to obtain. <br />D. The topography of the property changes from the front to the rear of the <br />property, necessitating retaining walls. <br />E. The deck will not obstruct views of adjacent neighbors. <br />F.The property is wooded, at the end of the street, and surrounded by two <br />undeveloped right of ways, therefore the deck location will not have any <br />negative visual impact in the neighborhood. <br />G.The hardcover in the 7S-2S0' setback zone is not increasing, fhe applicant <br />will remove a lower deck, a portion of the driveway and a brick paver <br />walkway to maintain existing hardcover levels. <br />The City Council finds that the conditions existing on this property* are peculiar to it <br />and do not apply generally to other property in this zoning district; that granting the <br />variances will not adversely affect traffic conditions, light, air. nor pose a fire hazard <br />or other danger to neighboring property; would not merely serve as a convenience to <br />the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right of the applicants; and would in <br />keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the <br />City. <br />The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City Staff, comments by <br />the applicants and the effect of the proposed variance on the health, safety and <br />welfare of the community. <br />Page 2 of 6