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� � <br /> � ��' CITY of ORONO <br /> O .; O <br /> ���:����> � RESOLUTION OF T'HE CITY COUNCIL <br /> '��' -- s� 3 4 <br /> � '� ��� ti No. 4 6 <br /> y�' ,�, <br /> �� � ' �G <br /> 9kEST�I�4� <br /> C. The fence has provided a barrier at the public access beach and keeps the <br /> public and their pets out of applicant's lakeshore yard. <br /> D. The impact of the fence is minimized in the summertime with the <br /> coverage of a grapevine and other adjacent plantings. <br /> E. The applicant has assumed the responsibility for maintenance and upkeep <br /> of the beach area and grassed lawn. <br /> 4, 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 variances 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 property <br /> right of the applicant; and would be in keeping with the spirit and intent of the <br /> Zoning Code and Comprehensive Plan of the City. <br /> 5. 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 findings noted above, the Orono City Council <br /> hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit <br /> a privacy fence installed in applicant's north side yard adjacent to the pu�li� swimm:ng bPach <br /> granting a setback variance of 70' or 93%. Approval is subject to the following conditions: <br /> 1. Applicant shall apply for a penalry building permit for :.onstruction of privacy <br /> fence. Applicant must apply for a building permit by September 22, 1994. <br /> 2. A portion of the privacy fencing installed parallel to shoreline of lake must be <br /> removed prior to applicant's filing of application for penalty building permit. <br /> Page 2 of 4 <br /> Form 5005 Dist Oi� <br />