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to allow construction of a first story above a new basement located so close <br />to the side lot line, as such new construction would result in continued <br />drainage and access concerns, would increase the longevity of a <br />nonconforming situation, and would have potential negative impacts on the <br />adjacent property. <br />7.The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments <br />by the applicants and applicants’ agents, and the effect of the proposed variances on <br />the health, safety and welfare of the community. <br />8.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 />variance would not adversely affect trafHc 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right of the applicant; and would be in <br />keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the <br />City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby grants <br />a variance to Orono Municipal Zoning Code Sections 10.22 Subdivision 2 and 10.56 Subdivision <br />16(L)(2) to allow hardcover in the 75*250* zone in excess of the 25% allowed by code for the <br />construction of additions to the existing residence on the property, and a variance to Municipal <br />Zoning Code Sections 10.22 Subdivision l(B)and 10.56 Subdivision 16 C(6) to allow encroachment <br />of the average lakeshore setback where no such encroachment is normally allowed, subject to the <br />following conditions: <br />1.Council approval is based on the site plan submitted by the applicant and attached to <br />this Resolution as Exhibit A. Any amendments to the site plan may require further <br />Plaiming Commission and City Council review. <br />2. Hardcover on the property is approved at 354.1 s.f or 5.2% in the 0-75* zone; 4,601 <br />s.f. or 29.1% in the 75-250’ zone; and 293 s.f. or 5.9% in the 250-500* zone. <br />Page 3 of 6 <br />1