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y` / . <br /> i <br /> „ � i � `� <br /> �t�,�h�� �� Cit o� ORONO � <br /> � � <br /> � , t w�� <br /> • . ..�;,' �f sr^ <br /> � Q�' "•` RESOLUTION OF THE CITY COUNCIL <br /> � K� NO. 2839 <br />� • - • •` <br /> b) The area of the property is consistent with the <br /> surrounding one half to three-quarter acre pattern of <br /> development within the Crystal Bay neighborhood. <br /> , <br /> c) The property is served with sewer. • <br /> d ) There is no additional area available for <br /> acquisition to increase the building envelope. <br /> 4. The City Council concurs with the Planning Commission's <br /> recommend.ation to deny a variance to Section 10.03 , <br /> Subdivision 15 (C ) and Section 10.03 , Subdivision 16 <br /> requiring height and setback variances for proposed fencing <br /> along the south lot line finding the placement of a fence at <br /> that height to be a hazar.d to the public who use the <br /> intersection of Prospect and Briar Street and to find <br /> natural plantings along the south line a more acceptable <br /> method in achieving the desired level of privacy. <br /> 5. The City Council has considered this application <br /> • including the findings and recommendations of the Planning <br /> Commission, reports by City staff, comments by the applicant <br /> and the effect of the proposed variance on the health, <br /> saf ety and we 1 f are of the community. <br /> 6. The City Counci 1 finds that the conditions existing on <br /> this property are peculiar to it and do not apply general ly <br /> ' to other property in this zoning district; that granting the <br /> variance would not adversely affect traffic conditions, <br /> light, air nor pose a fire hazard or other danger to <br /> neighboring property; would not merely serve as a <br /> convenience to the applicant, but is necessary to al leviate <br /> a demonstrable hardship or difficulty; is necessary to pre- <br /> serve a substantial property right of the applicant; and <br /> would be in keeping with the spirit and intent of the Zoning <br /> Code and Comprehensive Plan of the City. � <br /> CONCLIISIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono <br /> City Council hereby denies variances to Section 10.03 , <br /> Subdivision 15 (C) and Section 10.03, Subdivision 16 and grants <br /> variances to Munici.pal Zoning Code Section 10.28, Subdivision 5 <br /> (B) to permit the construction of a single family residence <br /> requiring approval of an area variance of 64,630 square feet or <br /> • 1.4 acres at 74$ and a side setback variance of 20' or 40$, � <br /> subject to the following conditions: <br /> Page 2 of 5 <br />