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d. The proposed structure will be set back an additional distance, at least 125 feet, from the side and rear property lines. e. The proposed structure complies with all setback 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 a conditional use permit and variance to Orono Municipal Zoning Code Section 78-566 to allow construction of a single 2,000 s.f. accessory building, subject to the following conditions: L Council approval is based on the site plan submitted by the applicants and annotated by City <staff, attached to this Resolution as Exhibit B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover on the property shall not increase above the permitted levels outlined within Zoning Code Section 78-1288. Per the proposed plan as depicted on Exhibit B, the hardcover is proposed at 1.1% within the 0-75' zone; 1.3% within the 75'-250' zone; 1.9% within the 250'-500' zone; and 1.4% within the 500'-1000' zone. 3. The building may not exceed 2,000 s.f. in area and may not be located closer than 125' to rear and side lot lines. Page 2 of 5