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4. The City Council concurs with the Planning Commission's <br />recommendation to deny a variance to Secion 10.03» <br />Subdivision 15 (C) and Section 10.03, Subdivision 16 <br />requiring height and setback variances for proposed fencing <br />along the south lot line finding the placement of a fence at <br />that height to be a hazar . to the public who us«^ the <br />intersection of Prospect and Briar Street and to find <br />natural plantings along the south line a more acceptable <br />method in achieving the desired level of privacy. <br />5. The Council concurred with the Planning Commission <br />recommendation to delay any consideration of a side setback <br />variance for a proposed residence as there were no final <br />plans for house construction to be acted on with this <br />current review. <br />6. The City Council has considered this application <br />including the findings and recommendations of the Planning <br />Commission, reports by City staff, comments by the applicant <br />and the effect of the proposed variance on the health, <br />safety and welfare of the community. <br />7. The City Council finds that the conditions existing on <br />this property are peculiar to it and do not apply generally <br />to other property in this zoning district; that granting the <br />variance would not adversely affect traffic conditions, <br />light, air nor pose a fire hazard or other danger to <br />neighboring property; would not merely serve as a <br />convenience to the applicant, but is necessary to alleviate <br />a demonstrable hardship or difficulty; is necessary to pre­ <br />serve a substantial property right of the applicant; and <br />would be in keeping with the spirit and intent of the Zoning <br />Code and Comprehensive Plan of the City. <br />CCNCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono <br />City Council hereby grants a variance to the Municipal Zoning <br />Code Section 10.28, Subdivision 5 (B) to permit the construction <br />of a single family residence requiring approval of an area <br />variance of 64,630 square feet of 1.4 acres at 74%, subject to <br />the following conditions; <br />Page 2 of 5