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4. The City Council has considered this application including the findings and <br />recommendation of the Planning Commission, reports by City staff, comments by <br />the Applicants and the public, and the effect of the proposed variance on the <br />health, safety and welfare of the community. <br />5. The City Council finds that the conditions existing on this Property are peculiar to <br />it and do not apply generally to other property in this zoning district; that granting <br />the variance would not adversely affect traffic conditions, light, air nor pose a fire <br />hazard or other danger to neighboring property; would not merely serve as a <br />convenience to the Applicants, but is necessary to alleviate a practical difficulty; <br />is necessary to preserve a substantial property right of the Applicants; and would <br />be in keeping with the spirit and intent of the Zonin:g Gode and Comprehensive <br />Plan of the City. · <br />CONCLUSIONS, ORDERAND CO~PITIONS <br />Based upon one or more of tne .. above findings,the0 0rono City Council hereby grants a <br />variance to Orono Municipal Zonin~ C9<:1e Section 78:.1.288 and 78-1700 to allow 32.8% <br />hardcover in the SW O to 75' zone where 30. 7% exists ~nd 0% is normally allowed; 40.3% <br />hardcover within the NE Oto 75' zone wl"lere 4'0.6% currentlyexi~ts and 0% is normally allowed; <br />and 53% hardcover within the 75' to 250''zone where. 37% currel"ltly exists and 25% is normally <br />allowed in conjunction with . r~orienting the ,driveway on th~ property, subject to the following <br />conditions: <br />1. Council approval is based 011 the survey submitted by the Applicants and annotated by <br />City sta~, . attached to thJs Re~ol.ution as Exhibit A. Any amendments to the site plan <br />whi.ch are not in conformity with Gitycpdes will require further Planning Commission and <br />City Council review. ·. · · <br />2. Hardcover shall not increase above the existing and approved levels as follows: 1,21 O <br />s.f. of .hardcover (32.8%) withincthe SW 0-75' zone; 2,617 s.f. of hardcover (40.3%) <br />within the NW 0-75' zone; and 1,239 s.f. of hardcover (53%) within the 75'-250' zone. <br />Hardcover sh.all not exceed above 42.5% (5,066 s.f.) of the total Property area; <br />hardcover within 75-feet e>f the OHWL shall not exceed above 3,824 square feet. <br />3. Applicants shall remove all plastic liner material from the decorative landscape beds on <br />the property to ensure their permeability as non-hardcover surfaces. <br />4. The Applicants' building permit plans shall address the City Engineer's comments and <br />recommendations. <br />Page 3 of 5