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a. The property is 33 ,300 s .f . or 0.76 acre in area and has 112 ' -104 ' in width. b. The lot is substandard in area and a residence has existed on the property for many years. No additional land is available for acquisition by the applicants to make the property conforming in area or width. c. The property is served with municipal sewer and is similar in size to many of the existing developed lots in this neighborhood . d. The side setback variance will allow construction of an attached garage at a 10 ' setback where a 9 .9'setback currently exists and will have no negative impacts on the open space or character of the neighborhood. g . The applicant has indicated an ability and willingness to reduce hardcover in the 75' -250 ' zone down to the conforming 25% level. h. The same variances requested now were approved by the City via Resolution No. 5223 in 2004 , but the applicants were not able to complete all the elements of the approved project prior to variance expiration . 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and weJfare of the community. 5 . The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions , light , air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants , but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings , the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-305 to allow a side setback of 1 O' where 30 'is normally required and 9 .9' is currently existing and Section 78-1288 to allow 59 % (4 ,280 Page 2 of 5