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substantial removal of fill to build a garage into the hill side, and locating the <br />garage in the 75-250' lakeshore setback would require removal of several mature <br />trees. <br />6.It is the position of this Council that this lot has maximized its development <br />potential; no additional variances shall be granted for the property. <br />7.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 />6.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 Cou.'cil hereby <br />grants variances to Municipal Zoning Code Section 10.22, Subdivision 2, Secti n 10.56, <br />Subdivision 16 (L)(2) and Section 10.24, Subdivision 5 (B) to pt;rmit reconstruction of the <br />lO'xlS' storage building 5' from the side lot line and 15' from the stieet lot line allowing 1,963 <br />s.f of hardcover within the 250'-500' lakeshore setback where 1,847.1 s.f (30%) is normally <br />allowed. Approval was subject to the following conditions: <br />The remainder of the existing foundation is to be removed. <br />2.Authorities granted by this variance run with the property not with the <br />applicants, but are permissive only and must be exercised by application for a <br />building permit within one year of the date of Council approval, or this variance <br />will expire on that date (July 26, 2000). <br />Page 3 of 5