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. ,..._, cit� o� oR,oNo • RESOLUTION OF THE CITY COUNCIL � NO. 2173 � ' • - • • D) There is an existing garage on the property accessing to Rest Point Road. A condition of the 1982 approval was that it be converted to storage if it is not removed, but cannot remain as a garage since it is too close to Rest Point Road. Applicants intend to use the garage for initial storage of construction materials, then remove it. E) The lot has no riparian rights. � F) Because this is a "through" lot, the setback from either road is 35'. The 12' alley portion on the southwest side of the property acts only as a private driveway and is subject only to the 10' side setback. Any future accessory structures are subject to the requirement of a conditional use permit per Section 10.03, Subdivision 10. � G) No adjacent land is available. 5. The City Council has considered this application including the � findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 6. 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 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. CONCLIISIONS, ORDER AND CONDITIONS . Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a single family residence on a lot of 0.63 acre in area and 135 feet in width where 1.0 acre and 140 feet of width are normally required, subject to the following conditions: • 1. A1 1 proposed structures on the site must meet the setbacks of the LR-1B zoning district: - 35 ' from both Rest Point Road and Rest Point Lane - - 10 ' from either side - Page 2 of 5