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4.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 communitv. <br />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 />serv'e 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 />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby grants variances <br />to Municipal Zoning Code Section 10.23, Subdivision 6(B) to allow a street setback of 8' for <br />a house and attached garage where a 50' street setback is normally required; and a variance to <br />Sections 10.22, Subdivision 2, 10.55, Subdivision 8, and 10.56, Subdivision 16(C) and 16(L) <br />to allow additional structure and hardcover to be constructed in the 0-75 ’ lakeshore setback <br />zone where no structure or hardcover is normally allowed; and a variance to Section 10.56, <br />Subdivision 16(C) to allow additional construction as near as 49' to the shoreline of a <br />Recreational Development lake where a 100 ’ lake setback for structures is normally required; <br />and a variance to Sections 10.22, Subdivision 1(B) and 10.56, Subdivision 16(C) to allow <br />encroachment of the average lakeshore setback where no such encroachment is normally <br />allowed; and variances to Sections 10.56, Subdivision 16 (C) and 16(J) to allow structures, <br />filling and excavating within the bluff impact zone where no structures, filling or excavating <br />is normally allowed, subject to the following conditions: <br />1.Any future revisions to the approved site plan which increase the degree or <br />magnitude of variances required or in the opinion of City staff constitute <br />substantial changes from the intent of this approval, shall subject the application <br />to further City review. <br />Page 4 of 9