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O O O CITY of ORONO - I ti RESOLUTION OF THE CITY COUNCIL ?1A 9kESi;OgNO. 49 p , 3. The Planning Commission reviewed this application on April 19, 1999 and recommended approval of variances for the swimming pool and denying variances for an accessory structure on a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: A. Plumbing in an accessory structure requires the applicants apply for a conditional use permit. B. Any accessory building with plumbing is required to meet all yard setbacks. The building is located entirely within the side yard setback, therefore a "Plumbing in Accessory Building Conditional Use Permit" cannot be granted. C. The swimming pool will be surrounded by a berm, with landscaping, to screen that portion of the property from other areas outside. D. Other areas on the property could not support a swimming pool as a result of existing utility lines, sewer pipes, septic tanks and drainfield and the driveway. E. The property owner to the south spoke in favor of the swimming pool. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5