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7. The same type of privacy fencing is installed along the north side <br />line of the property. <br />8. The plight of the applicants is due to circumstances unique to <br />their property and has not been created by the applicants. <br />9. The approval of this variance will not alter the essential <br />character of the locality, as the existing fence has existed within <br />the approximate location or over 20 years. <br />10. The granting of this variance is necessary for the preservation <br />and enjoyment of a substantial property right of the applicants. <br />11. The granting of this variance will not in any way impair the <br />health or safety of the general public or in any other respect be <br />contrary to the intent of the zoning code. <br />12. The granting of this variance will not merely serve as a <br />convenience to the applicants, but is necessary to alleviate a <br />demonstrable hardship. The unique findings and special conditions <br />applicable to this fence structure are unique to this property and <br />such conditions are not common in the overall community. <br />14. 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 />variance on the health, safety and welfare of the community. <br />15. The City Council finds that the conditions existing on this <br />property are peculiar to it and do not apply generally to other <br />property in this zoning district; that granting the variance would not <br />adversely affect traffic conditions, light, air nor pose a fire hazard <br />or other danger to neighboring property; would not merely serve as a <br />convenience to the applicants, but is necessary to alleviate a demon- <br />strable hardship or difficulty; is necessary to preserve a substantial <br />property right of the applicants; and would be in keeping with the <br />spirit and intent of the Zoning Code and Comprehensive Plan of the <br />City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the Orono <br />City Council hereby grants a variance to Municipal Zoning Code Section <br />10.22, Subdivision 1 (B) to permit the installation of an existing fence <br />within the newly defined southern boundary of the property, approving <br />lakeshore setback variances of 65' or 87% from the west shoreline and 40' <br />or 53% Zrom the east shoreline, subject to the following conditions: <br />Page 2 of 4 <br />