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. . <br /> . . <br /> ,,,, ,____-"-_-____,,, <br /> k <br /> /0 ,, O <br /> _-.�: xa'. CITY of ORONO <br /> 1107' 44, <br /> 4,,� r�;lid �G RESOLUTION OF THE CITY COUNCIL <br /> NkESs NO. 44 , <br /> location available to accommodate a standard size court due to the septic <br /> system being located behind and east of the house. Homes impacted by the <br /> rear yard setback encroachment are located 235' and 270' from the north <br /> corners of the proposed tennis court. The court would be 20' lower than the <br /> average main floor elevation of both houses. <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 demonstrable hardship <br /> or difficulty; is necessary to preserve a substantial property right of the applicants; <br /> and would be in keeping with the spirit and intent of the Zoning Code and <br /> Comprehensive Plan of the City. <br /> 6. The City Council has considered this application including the findings and <br /> recommendations of the Planning Commission,reports by City Staff, comments by <br /> the applicants and the effect of the proposed variance on the health, safety and <br /> welfare of the community. <br /> CONCLUSIONS, ORDER, AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby grants <br /> variances to Municipal Zoning Code Section 10.03, Subdivision 14(D)to permit construction of a <br /> tennis court 30' from the rear lot line where 50' is required, and Section 10.03, Subdivision 15 (E) <br /> to permit a 10' fence to be constructed in the rear yard where 6' is permitted. <br /> Approval is subject to the following conditions: <br /> 1. Council approval is based on the site plan submitted by the applicants attached to this <br /> resolution as Exhibit A. Any amendments to the site plan may require further <br /> Planning Commission and City Council review. <br /> Page 3 of 7 <br />