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f <br />r <br />3. The Orono Planning Commission reviewed this application on February 19, 2003 <br />and recommended approval by a vote of 6 to 0. <br />4. The Planning Commission made the following findings of fact: <br />5. <br />6. <br />A. The lot was created in 1976 and is permitted to have one access; <br />B. The minimal amount of frontage on Tract E requires that the access be located <br />close to the tributary on Sixth Avenue N; <br />C. The safest location for access to the lot is as far away from Sixth Avenue N as <br />possible; and <br />D. The construction of the access will create minimal disruption of the land and <br />should not negatively impact the tributary. <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 preserv e a substantial property right of the applieants; and would be 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 variances on the health, safety and <br />welfare of the community. <br />CONCLUSIONS, ORDER, AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby grants variances to <br />Municipal Zoning Code Section 10.22, Subdivision 2; Section 10.56, Subdivision 16 (LX 1); Section <br />10.56, Subdivision 16 (JX2) and Section 10.56, Subdivision 16 (JK3) to construct a 125 s.f. <br />driveway and pad, located 50' south of the centerline of Long Lake Creek where no hardcover is <br />permitted, and grading, filling or excavating of more than 10 cubic yards within 75* of the Creek <br />where none is permitted, to serve as the access to a future home. Approval is subject to the following <br />Page 2 of 5 <br />• }