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�� ` : .,s City of ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2318 � ' • - • • C) Approval of variance to allow a defined peak height of 35' at the front side of the house, finding that the steepness and length of the hill behind the house and the extent of existing vegetation will tend to eliminate the encroachment of that structure above the existing tree line, and hence W�i1 eliminate any visual encroachment of that structure into the character of the neighborhood. The structure will not likely be visible from the lake due to the topography of the neighborhood. � D) Applicant has revised his proposal so that the existing garage and the house will be attached, eliminating the need for a structure-to-structure variance. E) Hardcover allowed on the property is 35�. The proposed hardcover is 25.4 $. Hardcover is not an issue with this application. F) Applicant has provided information showing that it is feasible to construct interim repairs to the existing failing • septic system. Planning Commission noted, that this property is within the Stubbs Bay Sewer Study Area, with a potential for installation of municipal sewer at some future date. 4. 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. 5. 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, ORDSYt AYaD COYdDITIONS Based upon one or more of the f indings noted above, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of a house with a defined height of 35' where a maximum height of 30' is normally allowed, • and a variance to Section 10.23, Subdivision 6 (B) to allow a side setback fo 12' where a 30' side setback is normally required and to allow a rear setback of 27.1' where a 50° rear setback is normally required, subject to the following conditions: Page 2 of 4