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City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2539 B) The applicants have revised their proposal to move the proposed gateway and monuments further away from the neighboring property lines, so that no setback variance is needed from the west side lot line, and only a 10' setback variance is required from the north lot line. Based on this relocation, there is no conflict with the existing drainage and utility easement along the west or north lot lines. C) The proposed gateway structure will allow adequate width for emergency vehicle access. D) The applicants will provide a back-up turnaround apron within the property boundaries, so that unwanted traffic does not have to back up onto neighboring properties. E) The hardships that support the variances include the need for • security and limitation of traffic onto this private road serving only two residences, the height variance being necessary to allow construction of a structure of a size and scale to be a deterrent in itself, the setback variance necessary to keep the structure near enough to the entrance of the property to deter unwanted traffic.from entering the property. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants 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 variances 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono 4 ity Council hereby grants a variance per Municipal Zoning Code Section 0.03, Subdivision 9 (D) and Section 10.24, Subdivision 5 (B) to permit the construction of an accessory structure gateway system located 20' from the rear lot line where a 30' rear yard setback is normally required and grants a variance to Section 10.03, Subdivision 14 (C) to allow such structure to exceed the 3k' maximum height normally allowed for such structures within a required rear yard setback area, subject to the following conditions: PAae 2 of 4