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� �Oh�� , <br /> CITY OF ORONO <br /> RESOLUTION OF "I'HE CITY COUNCIL <br /> �� G� 6500 <br /> j"�kFsxo�� NO. <br /> n. The granting of the proposed variance will not in any way impair health, <br /> safety, comfort or morals, or in any other respect be contrary to the intent of <br /> this chapter. <br /> o. The granting of such variance will not merely serve as a convenience to the <br /> Owners, but is necessary to alleviate demonstrable difficulty. <br /> p. The Owners' request is in harmony with the purpose and intent of the <br /> ordinance. <br /> q. The Owners have demonstrated that enforcing the provisions of the Zoning <br /> Ordinance deprives the Applicant of the reasonable use of their Property. <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 Owners 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 Owners, but is necessary to alleviate a practical difficulty; is <br /> 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 hereby grants <br /> variances from Orono Municipal Zoning Code Section 78-1279 and Section 78-1680 to allow <br /> construction of a new, reconfigured retaining wall within the 75-foot setback on the Property <br /> where retaining walls and their associated hardcover are normally not permitted; subject to the <br /> following conditions: <br /> 1. Council approval is based on the survey submitted by the Owners and annotated by City <br /> staff, attached to this Resolution as Exhibit A. Any amendments to the approved survey <br /> which are not in conformity with City codes will require further Planning Commission and <br /> City Council review. f <br /> 2. Proposed hardcover levels shall be conforming to the Tier 1 standards; no hardcover <br /> variances are granted to exceed the 25% limitation for the Property. Structural coverage <br /> Page 3 of 5 <br />