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O O <br />�CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />�kESHOg� NO. 3009 <br />D) There is no additional area available for <br />acquisition to increase the building envelope. <br />4. 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 />safety and welfare of the community. <br />5. The City Council finds that the conditions existing on <br />this property are peculiar to it and do not apply generally <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 alleviate <br />a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicant; and <br />w would be in keeping with the spirit and intent of the Zoning <br />Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants variances to Municipal Zoning <br />Code Section 10.28, Subdivision 5 -(B) to permit the construction <br />of a single family residence requiring approval of an area <br />variance of 64,630 square feet or 1.4 acres at 74% and a side <br />setback variance of 9' or 18%, subject to the following <br />conditions: <br />1. Upon application for a building permit for new <br />residential construction, the City shall require the <br />following: <br />A. Payment of $6,963.84, based on current 1991 rate, <br />incurred by the City as a result of a previous <br />hazardous building action against this property. <br />B. Applicant shall provide proof of payment to the <br />County for all delinquent real estate .taxes, <br />special assessments and penalties due on this <br />property. <br />C. Revised survey locating all newly acquired <br />drainage easements and drainage and utility <br />• easements. All land alterations must be shown on <br />final site plan and located out of 15' drainage <br />easement area along north boundary of property. <br />Page 2 of 4 <br />