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_ _. % (. r� . • �t • �� _1 � :'E.,.M � � � � ��"`�� = C�t o� ORONO � � �, ,_ �',^ Y� • � ��. . , �.�rri��'�k °�;�� RESOLUTION OF THE CITY COUNCIL ry:,�• ° ��, � NO. 2164 • - • • A) If the house was moved further north, it would require the � total removal of the mature spruce trees to the rear of lot. B) The setback lines of 500+ feet for the existing structures on the adjacent lots are unusual and place severe restrictions in the development of the middle lot. C) The pool and deck structures are built at or below grade and will not create a lake viewing barrier for adjacent residences. D) The on-site evaluator has confirmed that an on-site sewage disposal system can be installed on the site and that there is suitable area to install a future alternate system. 5. The City Council finds that the conditions existing on this pro- perty are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not • adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable 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. . 6. The City Council finds that granting��a conditional use permit to allow the construction of a lake yard pool and a rear yard deck tennis court will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire � hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLIISIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.23, Subdivision 6 (B) , Section 10.22, Subdivision 1 (A) , and Section 10.03, Subdivision 9 (A) and per Section 10.03 , Subdivision 10 grants a conditional use permit to permit the residential development of the property located at 1840 Shoreline Drive as described above, subject to the following conditions: • 1. The accessory structures that encroach beyond the average setback line may never be altered so as to create a lake viewing obstacle for adjacent neighbors. Page 2 of 4