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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 9 5 <br />4. The Planning Commission made the following findings of fact: <br />A. The existing foundation is located in the front yard, side yard, and side <br />yard adjacent to street setbacks. <br />B. Replacing the structure will not increase hardcover or structural coverage. <br />C. Replacing the structure will not further intensify development on the lot. <br />5. The City Council finds that the conditions existing on this property are peculiar <br />to it and do not apply generally to other property in this zoning district; that <br />granting the variance would not adversely affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property; would not merely <br />serve as a convenience to the applicant, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to preserve a substantial <br />property right of the applicant; and would be in keeping with the spirit and <br />intent of the Zomng code and 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 <br />by the applicant 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 <br />grants variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit a front <br />yard setback of 35.5' where 50' is required, side yard setback of 25.9' where 30' is required and <br />a side yard adjacent to street setback of 15.2' where 50' is required to allow the removal of an <br />existing house and construction of a new residence on the existing foundation. Approval was <br />subject to the following conditions: <br />1. Authorities granted by this variance run with the property not with the applicant, <br />but are permissive only and must be exercised by appHcation for a building <br />permit within one year of the date of Council approval, or this variance will <br />expire on that date (May 24, 2000). <br />Page 2 of 4