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7. <br />8. <br />k.Because the location of mature trees is a primary factor in the determination <br />of hardship for this site, the loss of said trees during or after redevelopment <br />of the property would negate many of the basis for hardship. Therefore, it is <br />reasonable to establish as a conditions of approval that the applicants and their <br />agents take all feasible and reasonable steps to ensure the continued viability <br />of the trees. Further, it is reasonable to require that if one or more of said trees <br />dies or is removed within the first 5 years after redevelopment of the site <br />commences, said trees will be replaced immediately with the most substantial <br />trees of like character that can feasibly be transplanted in the approximate <br />same locations as the tree lost. <br />The City Council has considered this application including the findings and <br />recommendations of the Plamiing Commission, reports by City staff, comments <br />by the applicants and applicants’ agents, and the effect of the proposed variance on <br />the health, safety and welfare of the community. <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 />variance would 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 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 the amount of32.43% where only 25% hardcover <br />is normally allowed, subject to the following conditions: <br />1.Council approval is based on the site plan submitted by the applicant and as modified <br />by City staff to show the driveway width reduced to 14’ for the first 40’, 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 />Page 4 of7