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� o� <br /> O , O CITY of ORONO <br /> � a <br /> � - ' � RESOLUTION OF THE CITY COUNCIL <br /> k y � � � � � <br /> '�,� .� G,�, NO. <br /> ��kESHOg'� <br /> c. The adjacent homes have above grade decks with which to view the lake <br /> over the ApplicanYs proposed in-ground spa. Due to the elevation difference, <br /> views of the lake from the adjacent homes will not be adversely impacted by <br /> the encroachment of the Applicant's proposed in-ground spa. <br /> d. There were no negative neighbor comments received regarding the <br /> Applicant's proposed plan. <br /> e. The Applicant's proposed in-ground spa is designed in a way which <br /> minimizes impact of the visual encroachment as opposed to in above-ground <br /> spa. The proposed location will not adversely impact views of the lake <br /> currently enjoyed by the adjacent properties. <br /> f. The Property will conform to the hardcover limitations of Tier 1. <br /> g. The ApplicanYs proposed in-ground spa will not alter the essential character <br /> of the neighborhood and will result in minimal or no negative impact on <br /> adjacent properties. <br /> h. The Applicant's request is in harmony with the purpose and intent of the <br /> ordinance. <br /> i. The Applicant has demonstrated that enforcing the provisions of the Zoning <br /> Ordinance deprives the Applicant of the reasonable use of their Property. <br /> 4. The City Council has considered this application including the findings and <br /> recommendation of the Planning Commission, reports by City staff, comments by <br /> the Applicant and the public, and the effect of the proposed variance on the <br /> health, safety and welfare of the community. <br /> 5. The City Council finds that the conditions existing on this Property are peculiar to <br /> it and do not apply generally to other property in this zoning district; that granting <br /> the variance would not adversely affect traffic conditions, light, air nor pose a fire <br /> hazard or other danger to neighboring property; would not merely serve as a <br /> convenience to the Applicant, but is necessary to alleviate a practical difficulty; is <br /> necessary to preserve a substantial property right of the Applicant; and would be <br /> in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan <br /> of the City. <br /> Page 2 of 4 <br />