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B) The structure -to -structure setback requirement of <br />10' exists for a number of purposes, including <br />aesthetic and visual separation of structures, <br />maintenance of adequate emergency access around <br />structures, and adequate separation between buildings <br />for fire protection purposes. In this instance, the <br />primary and detached structures, being 5.3' apart can <br />be retrofitted with appropriate fire walls for fire <br />protection purposes. The finish design and <br />architecture of the detached garage is identical to the <br />principal structure, hence the structures complement <br />each other. Finally, the 5.3' separation, while being <br />minimal, will allow non -vehicular access around both <br />the detached garage and the principal residence. <br />4. The City Council has considered this application <br />including the findings and recommendations of the Planning <br />Commission, reports by City staff, comments by the <br />applicants and the efsect of the after -the -fact variance on <br />the health, safety and welfare of the community. <br />5. 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 zrning 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 fn the applicants, but is necessary to <br />alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right of the <br />applicants; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the <br />City. <br />CONCLUSIONS, ORDER AND Wk. !i'! WS <br />Based upon one or more of the finding? noted above, the <br />Orono City Council hereby grants an after -the -fact variance to <br />Municipal Zoning Coda Section 10.03, Subdivision 12 to permit the <br />construction of a detached garage located 5.3' from the principal <br />residence on the property where a 10' structure -to -structure <br />setback is normally required, subject to the following <br />conts.:.-�-inns : <br />1. Applicants shall obtain a building permit and shall make <br />the necessary modifications to the garage to meet minimum <br />fire separation standards per the direction of the building <br />inspector. <br />Page 2 of 5 <br />