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� O� O ,� O CITY of ORONO a�. - � '- �' �► RESOWTION OF�H� �I�COUNCIL "�, ,�� , 3 � G'�' NO. �`�kESH�g'� - m. The Applicant has demonstrated that enforcing the provisions of the Zoning Ordinance deprives the Applicant of the reasonable use of their Property. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicant and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversety affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Applicant, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-420 to allow construction of a new home on a property 35,660 square feet (0.81 acre) in area where 87,120 square feet (2.0 acres) is the minimum acreage required; a variance to Section 78-420 allowing a 3.6 foot setback from the south side lot line where a 30-foot setback is normally required; and a variance from Section 78- 1605 to allow a 23-foot setback from the wetland where a 35-foot setback is required by the City in conjunction with construction of a new single family home on the Property; subject to the following conditions: 1. Council approval is based on the survey, building footprint and conceptual building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the approved survey/site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Council approval is limited to the extent of the building footprint as shown on the proposed survey by Sathre-Bergquist dated 11/23/12 and revised 09/25/13. 3. There is no deviation permitted in the footprint of the home to be constructed, other than the approved flexibility to extend the footprint a maximum of 2 feet toward the north on the north end should it be deemed necessary by the Applicant following a final design. Page 3 of 5