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T I ,- <br />CityofOR ED <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 2024 <br />4. The_ property is located on a busy curved section of County <br />Road 15 requiring screening from noise and car lights along the <br />major roadway. <br />5. A privacy fence in excess of 3½ feet has been located <br />adjacent to the County Road and Bracketts Point Road for many <br />years on the property. <br />6. The structure is unique and to decrease the height within a <br />sing l e section of wall would destroy the integrity of the <br />structure. <br />7. The City Council has considered this application including <br />the findings and recommendations of the Planning Commission, <br />reports by City staff, comments by the applicant and the effect <br />of the proposed variance on the health, safety and welfare of the <br />community. <br />8. The City Council finds that the conditions existing on this <br />property are peculiar to it and do not app ly generally to other <br />property in this zoning district; that granting the variance <br />would not adversely affect traffic conditions , light, air nor <br />pose a fire hazard or oth~r danger to neighboring property; would <br />not merely serve as a convenience to the applicant, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantia 1 property right of the <br />applicant; and would be in keeping with the spirit and intent of <br />the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City <br />Counci l hereby grants a variance to the Municipal Zoning Code Section <br />10.03, Subdivision 15 (C) to amend applicant's original proposal and <br />to permit the construction of a 6 foot high wall within the street <br />yard of the property adjacent to Bracketts Point Road for a distance <br />of approximately 55 feet or up to the north side of the entrance <br />drive, subject to the following conditions: <br />1. Authorities granted by this variance run with the property <br />not with the app l icant, but are permissive only and must be <br />exercised by application for a building permit within one year of <br />the date of Council approval, or this variance will expire on <br />that date (July 28, 1987). <br />Page 2 of 4