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41.46,, O <br /> CITY of ORONO - <br /> tiw to, <br /> , RESOLUTION OF THE CITY COUNCIL <br /> lqi ES804�G NO 4275 <br /> A. The setback in question is a result of a platted alley that is used only by <br /> the Larson property. <br /> B. The alley is not improved beyond Larson's property. <br /> C. The impacted property across the alley from the Larson's (Lots 4 and 5) <br /> is owned and combined with Lots 20 and 21. <br /> D. The existing house was constructed prior to the adoption of the Zoning <br /> Code within the 50' required yard setback. <br /> E. There is no other location on the property the applicants could construct <br /> additions without encroaching into the setback. <br /> F. There is a potential the alley could be vacated should access to the <br /> property be gained from Orono Orchard Road in the future. If the alley <br /> is vacated, the improvements would meet all required yard setbacks. <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 nor <br /> pose a fire hazard or other danger to neighboring property; would not merely <br /> serve as a convenience to the applicants, but is necessary to alleviate a <br /> demonstrable hardship or difficulty; is necessary to preserve a substantial <br /> property right of the applicants; and would be in keeping with the spirit and <br /> intent of the Zoning Code and Comprehensive Plan of the City. <br /> 6. The City Council has considered this application including the findings and <br /> • recommendations of the Planning Commission, reports by City staff, comments <br /> by the applicants and the effect of the proposed variance on the health, safety <br /> and welfare of the community. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby <br /> grants variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit <br /> construction of a covered porch 45' from the rear lot line (alley) where 50' is required, and to <br /> screen an existing deck 15.9' from the rear lot line (alley) where 50' is'required. Approval was <br /> subject to the following conditions: <br /> Page 2 of 4 <br />