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� o� <br /> 0 0 <br /> � CITY of ORONO <br /> � � <br /> ti <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> ����'EsII04'�G NO. 5 7 � � <br /> from North Shore Drive. <br /> b. While the fence is not appropriate permanently, it is reasonable to allow it <br /> to remain for one growing season while the Owner installs replacement <br /> vegetation. <br /> 4. The City Council has considered this application including the findings and <br /> recommendation of the Planning Commission, reports by City staff, comments <br /> by the applicant and the public, and the effect of the proposed va.riance on the <br /> health, safety and welfare of the community. <br /> � 5. The City Council finds that the conditions existing on this property are peculiar <br /> to it and do not apply generally to other property.in this zoning district; that <br /> granting the variance would not adversely affect traffic conditions, light, air <br /> nor pose a fire hazard or other danger to neighboring property; would not <br /> merely serve as a convenience to the Owner but necessary to alleviate a <br /> demonstrable hardship or difficulty; is necessary to preserve a substantial <br /> property right of the Owner; and would be in keeping with the spirit and intent <br /> of the Zoning Code and Comprehensive Plan of the City. � <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon the above findings, the Orono City Council hereby grants a variance to Orono <br /> Municipal Zoning Code Section 78-1405(7)(a)to allow the privacy fence along North Shore <br /> Drive to remain as constructed at 6 feet high when the maximum allowed height is 42 inches, <br /> subject to the following conditions: <br /> l. The fence is to be an interim solution while the owner reestablishes vegetative <br /> screening. The variance will e�:pire on December 31, 2008 and the fence is ta be <br /> removed or reduced to 42 inches in height by that date. If the fence is not removed the <br /> City may remove the fence and assess the cost to the property. _ <br /> 2. If the fence extends onto either of the adjaceilt vacant tax parcels also owned by the <br /> Owner, these t�parcels must be combined with the tax parcel containing the house as <br /> an accessory structure is not allowed on a parcel without a principal structure. <br /> Page 2 of 3 <br />