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b. The lot is a legal lot of record and was granted legal buildable status in 1983 as Record Lot No. 13. The lot is 2.9 acres in size located in a 5 acre zoning district. c. A structure has existed on the lot in the past. d. A structure could not be constructed on the lot without an average lakeshore setback and lot area variance. e. A structure can be built on the lot meeting all other pertinent code requirements. 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 welfare 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 variances to Orono Municipal Zoning Code Sections 78-1279 and 78-568 to allow construction of a new cabin with a footprint which replicates that of the footprint shown on the survey dated September 9, 1935, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Page 2 of 5