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O O 4 ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL S804�G NO. 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 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-350 (B) and 78-1279 (6) to allow construction of a 12/12 pitch roof where a 4/10 pitch roof currently exists, which will increase the ceiling height in the main level kitchen/living area and add a %2 story over the existing garage and main level bedrooms requiring a rear yard setback variance to permit a rear yard setback of 20' when 30' is normally required, 20' currently exists, and 20' was permitted by variances in 1968 and 1999 and to permit a covered entry setback 15' from the rear lot line where 30' is normally required and 20' currently exists, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The covered entry shall remain unenclosed. If at any time the applicants submit for a building permit to enclose the covered entry, a variance to the rear yard setback requirement would be required. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variances will expire on that date (August 22, 2006). Page 3 of 6