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4 The Citv 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 />nr re a fire hazard or other danger to neighboring property; would not merely <br />serve as a converlence to the applicant, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessarx- to preserve a substantud propcrt> <br />right of the applicant; and would be in keeping with the spirit and intent of the <br />Zoning Code and Comprehensive Plan of the City. <br />5. The Citv Council has considered th.is application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments <br />by the applicant and the effect of the proposed variance on the health, satety and <br />welfare of the community. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based uron one or more of the findings noted above, the Orono Cit> Council <br />hereby grants variances to Municipal Zoning Code Section 10.28, Subdivismn 5 (B) and Section <br />10 56 Subdivision 16 (C-1) and (L-1 and 2) to permit the constimction of a new residence on <br />the propertv requiring a 56,730 s.f. or 65% area variance. 4’ or 4% street s^etlxick variance, 10 <br />or 33 3% north side setback variance and an 8’ or 10.6% tributary setback variance. The <br />comprehensive improvements will also require a 1.7% hardcover variance within the 0-75 <br />setback area and a 5.37% hardcover variance within the 75-250 setback area. <br />Based on a prior agreement with the City of Orono, applicant shall grant a road <br />and utilitv easement at a 25’ width 1 Leaf Street and a 10’ wide drainage and <br />utility easement to the east side of the newly defined street lot line. These <br />easements must be fully executed and in a form suitable for filing and submitted <br />to the City at the time of the filing of the building permit application for new <br />construction. <br />Authorities granted by this resolution run with the property not with the applicant, <br />but are permissive only and must be exercised by application for a bu.ld:r.g <br />permit within one year of the date of Council approval, or this variance will <br />expire on that date (Februarv 8, 1994). <br />1. <br />Page 4 of 6