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CITYof ORONO <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> SIIOg' NO. 4975 <br /> to allow construction of a first story above a new basement located so close <br /> to the side lot line, as such new construction would result in continued <br /> drainage and access concerns, would increase the longevity of a <br /> nonconforming situation,and would have potential negative impacts on the <br /> adjacent property. <br /> 7. The City Council has considered this application including the findings and <br /> recommendations of the Planning Commission, reports by City staff, comments <br /> by the applicants and applicants'agents,and the effect of the proposed variances on <br /> the health, safety and welfare of the community. <br /> 8. The City Council finds that the conditions existing on this property are peculiar to it <br /> and do not apply generally to other property in this zoning district;that granting the <br /> variance would not adversely affect traffic conditions,light,air nor pose a fire hazard <br /> or other danger to neighboring property;would not merely serve as a convenience to <br /> the applicants,but is necessary to alleviate a demonstrable hardship or difficulty; is <br /> necessary to preserve a substantial property right of the applicants; and would be in <br /> keeping with the 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 above findings,the Orono City Council hereby grants <br /> a variance to Orono Municipal Zoning Code Sections 10.22 Subdivision 2 and 10.56 Subdivision <br /> 16(L)(2) to allow hardcover in the 75-250'.zone in excess of the 25% allowed by code for the <br /> construction of additions to the existing residence on the property, and a variance to Municipal <br /> Zoning Code Sections 10.22 Subdivision 1(B)and 10.56 Subdivision 16 C(6)to allow encroachment <br /> of the average Lakeshore setback where no such encroachment is normally allowed, subject to the <br /> following conditions: <br /> 1. Council approval is based on the site plan submitted by the applicants and attached <br /> to this Resolution as Exhibit A. Any amendments to the site plan may require further <br /> Planning Commission and City Council review. <br /> 2. Hardcover on the property is approved at 354.1 s.f or 5.2%in the 0-75'zone;4,601 <br /> s.f. or 29.1%in the 75-250'zone; and 293 s.f. or 5.9%in the 250-500'zone. <br /> Page 3 of 6 <br />