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.� o,� O , O CITY of ORONO _ � � _ � RESOLUTION OF T�H�E �Ci�l(COUNCIL � G'�' NO. 6 ��kESH�g'� the variance would not adversely 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 Developer, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Owner; 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 the following: a variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a new residence on a lot with an area of 11,752 feet (0.26 acres) and a defined width of approximately 60 feet where 43,560 square feet (1.0 acre) and 140 feet of width are normally required; a variance to Orono Code Section 78-1279(2) to allow construction of a new residence 12 feet from the top of bluff where a 30 foot setback is normally required; a variance to Orono Code Section 78-1279(2) to allow construction of an elevated deck 2 feet from the top of bluff where a 30 foot setback is normally required; a variance to Orono Code Section 78-1279(3) to allow the proposed home to encroach 10 feet into the 20 foot bluff impact zone; a variance to Orono Code Section 78-1279(3) to allow the proposed elevated deck to encroach entirely within the 20 foot bluff impact zone; and a variance to Orono Municipal Zoning Code Section 78-330 to allow a 10-foot side street setback for the home from the adjacent unimproved alley right-of-way and a 10-foot setback from said alley for a lake side deck where a 35-foot setback from the alley is normally required in conjunction with the construction of a new residence in conjunction with the construction of a new home, subject to the following conditions: 1. Council approval is based on the survey and building plans submitted by the Developer and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to the plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover shall not increase above the allowed level of 2,938 square feet (25%) for this Tier 1 property. 3. The Developer will provide an analysis of the vegetative stability of the bluff perFormed by a qualified third party, and agrees to comply with recommended vegetative bluff stabilization measures as necessary prior to the issuance of the Certificate of Occupancy. 4. The site grading must not extend past the limits indentified on the approved grading plan, attached as Exhibit A. Page 4 of 6