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4.The City Council finds that the conditions existing on this <br />property are peculiar to it and do not apply generally to <br />other property in this zoning district? that granting the <br />variances would not adversely affect traffic conditions^ <br />light, air nor pose a fire hazard or other danger to <br />neighboring property? would not merely serve as a <br />convenience to the applicants, but is necessary to <br />alleviate a demonstrable hardship or difficulty? is <br />necessary to preserve a substantial property right of the <br />applicants? and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the <br />City. <br />5.The City Council has considered this application including <br />the findings and reports by City staff, comments by the <br />applicants and the effect of the proposed variances on the <br />health, safety and welfare of the community. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City <br />Council hereby grants a variance to Municipal Zoning Code Section <br />10.22, Subdivision 1 (B) and Subdivision 2 to permit the construction <br />of a 26'x21.8' addition to the southwest side of the existing <br />residence , subject to the following conditions: <br />1.Existing hardcover improvements to be removed from the 0-75* <br />setback area as shown on Page 7 of this resolution. It <br />shall be completed prior to the footing inspection for new <br />construction. Applicant shall remove 740 s.f. of landscape <br />area underlain with plastic and relocate screened gazebo <br />structure at 176 s.f. to the 75-250' setback area. <br />2.All persons with an interest in the property and Lot 13, <br />Shore Hills, Hennepin County, Minnesota, have executed a <br />deed restriction and covenant that would require the removal <br />of the tennis court upon application for a building permit <br />for residential construction on Lot 13. <br />Page 3 of 7