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2. The property is located in the RR -lB zoning district, which requires a minimum lot area of 2 acres. The applicant's property is 4.37 acres in area. 3. The Planning Commission reviewed this application at a public hearing held on October 20, 2003 and recommended approval of the average lakeshore setback variance based on the following findings: a. A residence meeting all required building setbacks could not be constructed on the lot without an average lakeshore setback variance due to the configuration of the property boundaries. b. Lake views for neighboring properties will not be obstructed due to the topography of the lots to the north and south. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; 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 variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a residence encroaching past the average lakeshore setback on a property abutting Dickey's Lake, subject to the following conditions: Page 2 of 5