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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />£ " /l 7 <br />NO. 0 ! """ <br />k. The variances to allow encroachment of the bluff impact zone and bluff <br />setback are necessary to allow for a reasonable building envelope for the <br />property. Additionally, the heavily wooded nature of the bluff area and the <br />regulatory protection afforded vegetation on bluffs and bluff impact zones by <br />Orono Zoning Code Section 78-1285 should result in minimal negative <br />impacts to views of the property from the lake. <br />1. The Applicants' request will alleviate a practical difficulty inherent to the <br />Property and not created by the Applicants. <br />m. The Applicants' request will not alter the essential character of the <br />neighborhood and will result in minimal negative impact on adjacent <br />properties. <br />n. The Applicants' request is in harmony with the purpose and intent of the <br />ordinance. <br />4. The City Council has considered this application including the findings and <br />recommendation of the Planning Commission, reports by City staff, comments by <br />the Applicants and the public, and the effect of the proposed variances on the <br />health, safety and welfare of the community. <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 variances would not adversely affect traffic conditions, light, air nor pose a <br />fire hazard or other danger to neighboring property; would not merely serve as a <br />convenience to the Applicants, but are necessary to alleviate a practical difficulty; <br />are necessary to preserve a substantial property right of the Applicants; and would <br />be in keeping with the spirit and intent of the Zoning Code and Comprehensive <br />Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council <br />hereby grants a variance to Orono Municipal Zoning Code Section 78-305 to allow construction <br />of a new residence on the Property to be located 3 0 feet from the rear or street lot line where a <br />50-foot setback is normally required; and grants a variance to Orono Municipal Zoning Code <br />Section 78-1279(6) to allow encroachment of the defined average lakeshore setback; and grants <br />variances to Orono Municipal Zoning Code Sections 78-1279(1) and 78-1279(3) to allow <br />Page 4 of7