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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 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 />serve as a convenience to the applicant, 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 />6.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 applicant and the effect of the proposed variance on the health, safety and <br />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 variances to Municipal Zoning Code Section 10.22, Subdivision 2; and Section 10.56, <br />Subdivision 16 (C, 6) to permit the proposed residence to encroach 5' forward of the average <br />lakeshore setback at the southeast comer, to allow the new residence to be located 26.5' from <br />Loma Linda Avenue where 35' is required on a lot that is 19,065 sq. fi. (.44 acres) where 1 <br />acre is required. Approval was subject to the following conditions: <br />1. <br />2. <br />Hardcover in the 75-250’ setback not to exceed 2,630 sq. ft. (25%). <br />Authorities granted by this variance run with the property not with the applicant, <br />but are permissive only and must be e.xercised by application for a building <br />permit within one year of the dale vf Council approval, or this variance will <br />expire on that date (June 8, 1999) <br />Page 3 of <br />1