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r <br />A. The lot does not meet the minimum lot area requirements. <br />B. The existing residence is 30' from the property line adjacent to Lydiard <br />Avenue. <br />C.The topography of the lot slopes 8-10' from the rear yard to the front <br />yard. The adjacent property to the north is 6-8' higher in elevation than <br />the subject lot. <br />D. The proposed deck will be partially screened by existing vegetation. <br />E.A kitchen addition in 1988 included a patio door that leads to the area <br />where the deck is proposed. <br />4. 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 applicant; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the City. <br />5. 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 following above findings, the Orono City Council <br />hereby grants a comer side and rear yard setback variances to allow for construction of a deck <br />to be located 21' from the rear property line and 21' from the Lydiard Avenue property line <br />per Municipal Zoning Code Section 10.24, Subdivision 5 (B), subject to the following <br />conditions: <br />Page 2 of 4 <br />f I