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o.�,. 0 0 CITY of ORONO JN ti ti RESOLUTION OF THE CITY COUNCIL sIIOg�G NO. --� C 2- FINDINGS 1. This application was reviewed as Zoning File#09-3424. 2. The Property is located in the LR — 1B zoning district, which requires a minimum lot area of 1 acre and a minimum lot width of 140 feet. The Applicants' Property is 47,900 s.f. or 1.09 acres. 3. The Planning Commission reviewed this application at a public hearing held on September 21, 2009 and on a 5 — 0 vote recommended denial of the gate setback variances and hardcover variances and approval of the setback variance to allow the entrance monument to encroach into the setback based on the following findings: a. The Property is 1.09 acres in size when 1.0 acres is required. b. The Property has a lot width of 427± feet at Tonkawa Road and has over 300 of lineal feet along the shoreline and 140' in width at the OHWL and at the 75' setback is required. c. Due to the configuration of the lot, the wetland buffer and buffer setback, and the shoreline the Property the home was constructed in the far north portion of the lot to meet setbacks. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council further finds as follows: a. The installation of the rip rap on the property increased the square footage of the property within the 0-75' and 75'-250' zones such that the hardcover percentages meet the previous approvals although the square footage amounts do not. b. The requirement of a 40' setback for entrance gates on a County roadway was adopted with the intent of providing a safe ingress and Page 2of5