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D <br />E <br />There is no additional land available to expand the lot width of the <br />property <br />No other variances are required as a result of this improvement. <br />The City has received no negative comments from the adjacent property <br />owners notified of the variance application <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 variances 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 applicants, 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 above findings, the Orono City Council hereby <br />grants a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit <br />construction of a new residence on a propertv that does not meet the required lot width and <br />grants a variance of 65.1' or 46.5% to Robert E. and Wendy K. Beutler of 1331 North Arm <br />Drive, subject to the following conditions; <br />1.Applicant shall execute a resfictiv^ covenant limiting use of accessory structure <br />with expanded living area on property. The covenant shall ensure that structure <br />can never be converted to an independent residential unit for either rental/guest <br />house or guest apartment use as property does not meet the required area or <br />width standards of the LR-IB zoning district to allow a second residential unit. <br />Page 2 of 5