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C. The topography of the lot slopes from the street side of the residence to <br />the lakeside of the residence. <br />D. The chimney is considered an encroachment in the side yard <br />E. The existing residence encroaches 6.6' into the required side yard. The <br />proposed addition would increase the amount of structure in the required <br />10' side yard <br />F. The applicant is advised to obtain a maintenance easement from the <br />adjacent property owner. <br />The City Council finds that the conditions existing on this property are peculiar <br />to it and do not apply generally to other property in this zoning district; that <br />granting the variances would not adversely affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property; would not merely <br />serve as a convenience to the applicants, but is necessary to alleviate a <br />demonstrable hardship or difficulty, is necessary to preserve a substantial <br />property right of the applicants; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the City. <br />The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments <br />by the applicants and the effect of the proposed variance on the health, safety <br />and welfare of the community. <br />CONCLUSIONS, ORDER /VND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants a side yard variance along the west property line to allow a second floor addition to an <br />existing residence per Municipal Zoning Code Section 10.24. Thereby increasing structure in <br />a required 10' side yard where 3.4" is existing and proposed. <br />1. The applicant shall combine the vacated portion of Forest Lane with the subject <br />property. <br />Page 2 of 5