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5. 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 applicant, 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 />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the Orono City Council <br />hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivision 2, 10.55, <br />Subdivision 8, and 10.56, Subdivision 16 (C & L) to increase hardcover in the 75-250’ zone <br />in excess of the 25% hardcover normally allowed, and to place a gateway structure within 75' <br />of the lake where no structure or fence is normally allowed; and grants permission per <br />Municipal Code Sections 6.05, Subdivision 9 to expand the width of an approach for the <br />existing driveway which already exceeds the 20' approach width limitation; and grants a permit <br />per Municipal Code Sections 6.07 and 6.09 for construction of a gateway and planting of trees <br />within the right-of-way of West Femdale Road, subject to the following conditions: <br />1. The only additional hardcover approved with the variance approval is 130 s.f. <br />of expanded driveway apron within the right-of-way of West Femdale Road, as <br />well as the gateway stmcture at the east end of the property which shall have <br />hardcover impact of less than 10 s.f. Applicant is advised that any future <br />requests for hardcover on the property or within the adjacent right-of-way will <br />require a new application and further review and approval by the City. <br />2. The arborvitae hedge shall be planted on a centerline at least 15' from the paved <br />portion of Femdale Road. The proposed gateway shall be constructed 23 ’ from <br />the paved roadway as proposed. The approaches to said gateway shall remain <br />in a non-hardcover grass surface. <br />3. Applicant shall legally combine all tax parcels which comprise the property. <br />Page 3 of 7