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C) Location of the mature trees within the side and front yards <br />of the property. <br />D) Need to preserve the existing curb cut to this severely <br />limited property. <br />E) Variations in elevation within front yard. <br />F) The detached structure will have no negative impact on the <br />property most affected by the placement of the garage because of <br />the topography and the fact that the house is located 60 to 7V <br />from the lot line. <br />4. The City Council has considered this application including the <br />findings and recommendations of the Planning Commission, reports by <br />City staff, comments by the applicants and the effect of the proposed <br />variances on the health, safety and welfare of the community. <br />5. The City Council finds that the conditions existing on this <br />property are peculiar to it and do not aptly generally to other <br />property in this zoning district; that grantin- the variances would <br />not adversely affect traffic conditions, light, air nor pose a fire <br />hazard or other danger to neighboring property; would not merely serve <br />as a convenience to the applicants, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to preserve a <br />substantial property right of the applicants; and would be in keeping <br />with the spirit and intent of the Zoning Code and Comprehensive Plan <br />of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the Orono <br />City Council hereby grants variances to Municipal Zoning -ode Section <br />10.03, Subdivision 15 (F) that would permit the construction or. a detached <br />garage located 5' from the side property line instead of 10' requiring a 5' <br />or 50% variance, a variance to Section 10.28, Subd�vision 5 (B) granting a <br />street setback variance for the detached garage located 16' from the <br />platted County right-of-way instead of the required 50' requiring approval <br />of a 34' or 68% variance, and finally per Section 10.03, Subdivision 9 (D) <br />approves the location of the accessory structure 34' in front of the front <br />line of the principal structure instead of being placed at or behind the <br />front line of the principal structure, subject to the following conditions: <br />1. Upon application of a building Lermit, the applicants must provide <br />design information on retaining wall and a grading and drainage plan. <br />2. The west side wal l of the garage must have no oper.Lngs and must be <br />constructed as a fire resistant wall. <br />Page 2 of 4 <br />