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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 6500 <br />n. The granting of the proposed variance will not in any way impair health, <br />safety, comfort or morals, or in any other respect be contrary to the intent of <br />this chapter. <br />o. The granting of such variance will not merely serve as a convenience to the <br />Owners, but is necessary to alleviate demonstrable difficulty. <br />p. The Owners' request is in harmony with the purpose and intent of the <br />ordinance. <br />q. The Owners have 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 Owners 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 Owners, but is necessary to alleviate a practical difficulty; is <br />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 hereby grants <br />variances from Orono Municipal Zoning Code Section 78-1279 and Section 78-1680 to allow <br />construction of a new, reconfigured retaining wall within the 75 -foot setback on the Property <br />where retaining walls and their associated hardcover are normally not permitted; subject to the <br />following conditions: <br />1. Council approval is based on the survey submitted by the Owners and annotated by City <br />staff, attached to this Resolution as Exhibit A. Any amendments to the approved survey <br />which are not in conformity with City codes will require further Planning Commission and <br />City Council review. <br />2. Proposed hardcover levels shall be conforming to the Tier 1 standards; no hardcover <br />variances are granted to exceed the 25% limitation for the Property. Structural coverage <br />Page 3 of S <br />