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4. <br />5. <br />b. The location of the neighboring home to the north, and the existing <br />vegetation screen make the encroachment ot the side yard setback less <br />significant in terms of its impact on tlie neighboring property. <br />c. The nature of the alley which splits the property in half and serves <br />solely the applicants' address constitutes a hardship in keeping the 50 ’ <br />street vard setback minimum. <br />d. The configuration of the home would make a conforming addition <br />inappropriate in the context of the site. <br />The City Council has considered this application including the findings <br />and recommendation of the Planning Commission, reports by City staff, <br />comments by the applicant and the public, and the effect of the proposed <br />variance on the health, safety and welfare of the community. <br />The City Council finds that the conditions existing on this property are <br />peculiar to it and do not apply generally to other property in this zoning <br />district; that granting the variance would not adversely affect traffic <br />conditions, light, air nor pose a fire hazard or other danger to neighboring <br />property; would not merely serve as a convenience to the applicant, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br />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 <br />Flair of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants a variance to Orono Municipal Zoning Code Section 78*420(b) to allow a 10' x <br />28' addition to the north side of the home which encroaches 8.5 ’ into the side yard <br />setback and 33.5’ into the street setback subject to the following conditions: <br />1. Council approval is based on the site plan submitted by the applicant and <br />annotated by City staff, attached to this Resolution as Exhibit A. Any <br />amendments to the site plan which are not in conformity with City codes will <br />require further Planning Commission and City Council review. <br />Page 2 of 5