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r <br />B.The lot is a through lot with the house facing Lakeview Terrace and the <br />rear of the property adjacent to Sixth Avenue North, also known as <br />County Road 6. <br />C. There is mature landscaping and trees along County Road 6. <br />D. The proposed fence will not create a tunnel effect along County Road 6 <br />nor impact the view from the rear of adjacent properties. <br />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 />seiA'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 />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 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 variances to Municipal Zoning Code Section 10.07, Subdivision 15 (C) and (D) to <br />permit construction of a fence in the side and rear yard of a through lot where 3.5'-in fence <br />height is allowed and 4' is proposed. <br />1.Authorities granted by this variance run with the pro; - >ot with the <br />applicants, but are permissive only and must be exercised by f’r^ ucation for a <br />building permit within one year of the date of Council approval, or this variance <br />will expire on that date (June 22, 1999). <br />Page 2 of 4