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4 i CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 54 1 0 a. The proposed addition will not encroach any further into the western side yard or the side street yard than what currently exists. b. The use to the west contains the Minnetonka Arts Center, which is also a conditionally permitted use rather than a residential use, alleviating any negative impacts that may result with an adjacent residential use. c. Briar Street to the direct east provides for a buffer from the residentially used properties, which is the intent of requiring a 50' setback from all residentially zoned property. d. The addition will meet all other setback, structural coverage and parking standards required within the Zoning Ordinance. The property • is not located within the Shoreland Overlay District and is therefore not subject to hardcover restrictions. e. The proposed addition meets all criteria established under Section 78- 916 and will not be detrimental to the public health, safety or welfare of the community. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variances and conditional use permit on the health, safety and welfare of the community. , 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances and conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning • Code and Comprehensive Plan of the City. Page 2 of 5