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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 <br />preserve 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 />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants a variance to Municipal Zoning <br />Code Section 10.23, Subdivision 5 (B) to permit the construction <br />of second story addition and minor first story addition of the <br />existing residence, such existing structure and additions being <br />13' from the south side lot line where a 30' side setback is <br />normally required, and being 8' from the north side lot line <br />where a 30' side setback is normally required, subject to the <br />following conditions: <br />1.Until such time that it is found to be failing, the <br />existing substandard but apparently functional septic system <br />will be allowed to remain "as-is”. <br />2.If at some future date the septic system is found to be <br />failing, the applicant would be expected to take whatever <br />action is necessary to eliminate such failure. <br />Options at that point might include,but would not be <br />limited to the following: <br />A)extend the trenches, and if extending into Lot 4, <br />this would require legal combination of Lots 4 and 5 at <br />that time; <br />B)if sewer is anticipated in the near future at that <br />date, the existing septic tanks could be used as <br />holding tanks; <br />C)if sewer is not anticipated at that time, a holding <br />tank system could be installed. <br />Page 3 of 8