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S-v <br />!;• <br />r' <br />C) The only feasible location for an expansion of the <br />existing structure is to the west and the vacation of <br />the northern portion of Kelly Avenue does not appear <br />feasible and would require a comprehensive planning <br />study of the entire area. <br />4. The City Council finds that the conditions existing on <br />this property are peculiar to it and do not apply generally <br />to 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 applicant, but is necessary to alleviate <br />a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicant; and <br />would be in keeping with the spirit and intent of the Zoning <br />Code and Comprehensive Plan of the City. <br />5« The City Council has considered this application <br />including the findings and recommendations of the Planning <br />Commission, reports by City staff, comments by the applicant <br />and the effect of the proposed variances on the health, <br />safety and welfare of the community. <br />COMCLOSIOHS, ORDER AMD CONDITIONS <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants variances to Municipal Zoning <br />Code Sections 10.42, Subdivision 7 (G) and 10.61, Subdivision 10 <br />(0) to permit the construction of a 47'xl20' addition to the <br />principal structure, a 28*xl2' receiving dock, and a retaining <br />wall at a maximum height of 17* along the west side of the <br />receiving and delivery ramp, subject to the following conditions: <br />1. Council to direct staff to make the necessary eunendments <br />to the official zoning map and legal descriptions of the <br />zoning district boundaries to include 50* corridor along the <br />southern boundary of the existing B-3 zone, the remaining <br />100' of the southern portions of the property are to remain <br />in the LR-IB zoning district. <br />2. Preliminary site plan by Planmark to be amended to <br />include landscaping along southern boundaries of detention <br />pond. <br />3. Applicant shall make payment for additional sewer/water <br />units and SAC charges to be determined at the time of <br />building permit review. <br />Page 2 of 5