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A) The proposed pool would be in line with the house <br />ort the adjacent lot that fronts on Briar Street. <br />B) The proposed pool meets the required side yard <br />setback for an accessory structure. <br />C) The total lot coverage with the addition remains <br />below the allowed 15% at 2,068 square feet or 14.7%. <br />D) The existing principal structure is located 12'9" <br />from the north side lot line. The proposed addition <br />will be 19' from the north lot line and will not <br />encroach any further into the substandard side yard <br />setback area. <br />S. The City Council finds that the conditions existing on <br />ti:is 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 fine hazard or other danger to <br />neignb oring properties; would not merely serve as a <br />convenLence to the applicant, but is necessary to alleviate <br />a denonstrable 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 />6. The! City Council finds that granting a conditional use <br />permit to allow the installation of a pool in the street <br />rear yard will not detrimental to the health, safety or <br />general welfare of the public, would not adversely affect <br />light, air nor pose a fire hazard or other danger to <br />neighboring properties, nor will it depreciate surrounding <br />property values and that the proposed level of use of the <br />property will be in keeping with the intent and objectives <br />of the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono <br />City Council hereby grants variances to Municipal Zoning Code <br />Section 1C,28, Subdivision 5 (B) and Section 10.75, Subdivision <br />4 (B), and grants a conditional use permit per Section 10.03, <br />Subdivision 10, to allow the installation of a pool on a through <br />lot to be placed 24'9" from the rear street lot line instead of <br />50' and a rear addition to the principal structure that will be <br />located 110 from the north side lot line insteaj of 30', subject <br />to the following conditions: <br />Page 2 of 4 <br />