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Km <br />r; <br />4. The Planning Commission made the following findings of fact: * <br />A. The structural coverage and hardcover on the lot is not increasing. A roofed <br />deck already exists in the area of the addition. <br />B. The addition of the second story within the side yard setback will not <br />adversely affect the neighboring property. <br />3. The lot is extremely undersized and narrow for the LR-IB zoning district. <br />5. The City Council finds that the conditions existing on this property are peculiar to <br />it and do not apply generally to other property in this zoning district; that granting <br />the variance will not adversely affect traffic conditions, light, air, nor pose a fire <br />hazard or other danger to neighboring property; would not merely serve as a <br />convenience to the applicant, but is necessary to alleviate a demonstrable hardship <br />or difficulty; is necessary to preserve a substantial property right of the applicant; <br />and would be in keeping with the spirit and intent of the Zoning Code and <br />Comprehensive Plan of the City. <br />6. 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 applicant and the effect of the proposed variance 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 a <br />variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to allow a side yard setback <br />of 3' where 10' is required to permit construction of a second story to the existing residence. <br />Approval is subject to the following conditions: <br />1.Council approval is based on the site plan submitted by the applicant attached to this <br />resolution as Exhibit A. Any amendments to the site plan may require further <br />Planning Commission and City Council review. <br />Page 2 of 5