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SV u <br />i <br />5.The City Council made the following findings of fact: <br />6. <br />7, <br />A.The topography of the property limits where the accessory structure can <br />be located on the property. The structure is in an appropriate location <br />based on the topography of the site. <br />B.The location of the accessory structure does not impact neighboring <br />properties or use of the right-of-way. <br />C.The angled orientation of the shed related to the right-of-way results in <br />only the westerly comer of the shed encroaching into the required <br />setback. <br />The City Council finds that the conditions existing on this property are peculiar <br />to it and do not apply generally to other property in this zoning district; that <br />granting the variance would not adversely affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property; would not merely <br />serve as a convenience to the applicants, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to preserve a substantial <br />property right of the applicants; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the City. <br />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 the effect of the proposed variance on the health, safety <br />and welfare of the community. <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 Municipal Zoning Code Section 10.31, Subdivision 8 (C) to allow an <br />accessory stmcture to be located 23' from the platted street right-of-way where 30' is required. <br />1. <br />|r <br />2. <br />Council approval is based on the site plan submitted by the applicants attached <br />to this resolution as Exhibit A. Any amendments to the site plan may require <br />further Planning Commission and City Council review. <br />Authorities granted by this variance run with the property not with the applicants. <br />Page 2 of 4