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C) The most appropriate method for determining <br />location of the average satback line is to use the <br />residence to the north at 3865 Bayside Road as the <br />northern terminus of that defined line, rather than the <br />small cabin on applicant's Lot 4. Based on an average <br />setback line defined between the houses at 3865 Bayside <br />Road and 340 Westlake Street, thy% proposed additions do <br />not require a variance for average setback. <br />4. <br />5. <br />6. 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 applicant <br />and the effect of the proposed variance on the health, <br />safety and welfare of the community. <br />7. The City Council finds that the conditions existing on <br />this property are peculiar to it and do not apply gent ally <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 fire hazard or other danger to <br />neighboring property; would not merely serve as a <br />convenience to the applicant, ,!,it is necessary to alleviate <br />a demonstrable hardship oz fficulty; is necessary to <br />preserve a substantial property right of the app]9^ant; and <br />would be in keeping with the spirit and intent of the Zoning <br />Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants a variance to Municipal Zoning <br />Code Section 10.23, Subdivision 5 (B) to permit the construction <br />of second scary addition and minor first story addition of the <br />existing residence, such existing structure and additions being <br />13' from the south side lot line where a 30' s_de setback is <br />normally required, and being 8' from the north side lot line <br />where a 30' side setback is normally required, subject to the <br />following conditions: <br />Page 2 of 5 <br />