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. • <br />CITY of ORONO <br />G. The lot is a 1/4 acre property located in a 2 acre zoning district requiring 50' <br />setbacks for fences greater than 6' in height located adjacent to a street <br />property lines. The property is a comer lot where construction of a 6' privacy <br />fence would require the fence to be constructed over an area of the property <br />where it could not provide screening for the back yard area of the house . <br />5. The City Council finds that the conditions existing on this property are peculiar to it <br />and do not apply generally to other property in this zoning district; that grnnting the <br />variances will not adversely affect traffic conditions, light, air, nor pose a fire hazard <br />or other danger to neighboring property; would not merely serve as a convenience to <br />the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right of the applicant; and would be in <br />keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the <br />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 by <br />the applicant and the effect of the proposed variances 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 grants <br />variances to Municipal Zoning Code Section 10.03, Subdivision 9 (D), Section 10.03, Subdivision <br />13, and Section 10.28, Subdivision 5 (B) to permit construction of a 24' X 28' detached garage 10' <br />from the side yard adjacent to the street (south) property line where 50' is required, and 5' from the <br />rear property line where a 1 O' setback is required; and to Section 10.03, Subdivision 15 (C) to permit <br />construction of a 6' fence 15' from the side yard adjacent to the street (south) property line, where <br />a 3 ½' fence is permitted subject to the following conditions: <br />1. The property shall be developed in conformance with the site plan attached hereto as <br />Exhibit A. <br />2. The fence shall be constructed a minimum of 20' from the south property line to <br />provide one (1) outdoor, on-site parking space in accordance with the attached site <br />plan. <br />Page 3 of 6