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v. 0.4i. <br /> OO CITY of ORONO <br /> t,,, ,, RESOLUTION OF THE CITY COUNCIL <br /> '4kEsiio4" <br /> k. The variances to allow encroachment of the bluff impact zone and bluff <br /> setback are necessary to allow for a reasonable building envelope for the <br /> property. Additionally, the heavily wooded nature of the bluff area and the <br /> regulatory protection afforded vegetation on bluffs and bluff impact zones by <br /> Orono Zoning Code Section 78-1285 should result in minimal negative <br /> impacts to views of the property from the lake. <br /> 1. The Applicants' request will alleviate a practical difficulty inherent to the <br /> Property and not created by the Applicants. <br /> m. The Applicants' request will not alter the essential character of the <br /> neighborhood and will result in minimal negative impact on adjacent <br /> properties. <br /> n. The Applicants' request is in harmony with the purpose and intent of the <br /> ordinance. <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 Applicants and the public, and the effect of the proposed variances 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 variances would not adversely affect traffic conditions, light, air nor pose a <br /> fire hazard or other danger to neighboring property; would not merely serve as a <br /> convenience to the Applicants, but are necessary to alleviate a practical difficulty; <br /> are necessary to preserve a substantial property right of the Applicants; and would <br /> be in keeping with the spirit and intent of the Zoning Code and Comprehensive <br /> Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council <br /> hereby grants a variance to Orono Municipal Zoning Code Section 78-305 to allow construction <br /> of a new residence on the Property to be located 30 feet from the rear or street lot line where a <br /> 50-foot setback is normally required; and grants a variance to Orono Municipal Zoning Code <br /> Section 78-1279(6) to allow encroachment of the defined average lakeshore setback; and grants <br /> variances to Orono Municipal Zoning Code Sections 78-1279(1) and 78-1279(3) to allow <br /> Page 4 of 7 <br />