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City of ORONO INV* tt. CITY RESOLUTION OF THE CITY COUNCIL .� wr. r OF NO. 2861 , ,: ORONO 4. On July 23, 1990, the City Council approved by a vote of 4 to 1 to grant the applicant's administrative appeal of the septic system codes to allow expansion of the existing bedrooms and addition of a second bathroom to the residence, subject to a warning to be filed in the Chain of Title that the existing septic system is substandard in nature, and that due to poor potential for replacement of the system based on lot size and site conditions, a holding tank might be necessary in the future if the system fails. 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 demonstrable 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B ) to permit the construction of additions to the existing residence, such additions being located 27.7' from the side lot line where a 30 ' side setback is normally required, subject to the following conditions: 1. The applicant and all future owners and potential buyers of the property are advised that should the existing septic system on the property fail, the size of the property and specific site conditions may severely limit the ability to replace that system with a conforming septic system, and that such failure would likely result in the need to provide a holding tank for sewage disposal on the property, such holding tank requiring regular pump-outs. Page 2 of 4