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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. ________________________ <br /> <br /> <br />2 <br /> <br />FINDINGS OF FACT: <br /> <br />1. This application was reviewed as Zoning File #LA19-000007. The analysis contained <br />within staff memos and the exhibits attached to the aforesaid memos, all minutes from the <br />above mentioned meetings, and any and all other materials distributed at these meetings <br />are hereby incorporated by reference. <br /> <br />2. The Property is located in the LR-1B Zoning District. <br /> <br />3. The Property contains 0.7 acres in area and has a defined lot width of 75 feet at the OWHL <br />and 75 feet at the 75-foot setback. <br /> <br />4. The northwestern side of the property is encumbered with an ingress and egress <br />easement benefitting the neighbor at 2585 Kelly Avenue. <br /> <br />5. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater <br />Quality Overlay District. <br /> <br />6. Applicant has applied for the following: <br />a. Side Yard Setback Variance <br />b. CUP for plumbing in an accessory building <br /> <br />7. In considering this application, the Council has considered the advice and <br />recommendation of the Planning Commission and the effect of the proposed variance and <br />CUP upon the health, safety and welfare of the community, existing and anticipated traffic <br />conditions, light and air, danger of fire, risk to the public safety, and the effect on values <br />of property in the surrounding area. <br /> <br />PRACTICAL DIFFICULTY ANALYSIS: <br /> <br />1. “Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance . . . .” The requested side yard setback variance is in harmony <br />with the Ordinance as the proposed garage backs up to the neighbor’s detached garage <br />and the applicant proposes a drain tile to manage storm water between the buildings. The <br />neighbors have stated that they will not be impacted by the proposed improvements. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The variance resulting in a permit for construction of an accessory <br />building/garage in addition to the existing single family residence in a residential zone are <br />consistent with the Comprehensive Plan. <br />