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O � <br /> CITY of ORONO <br /> ON <br /> ti <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> giI44�G NO. <br /> 3. The Planning Commission reviewed this application at a public hearing held on <br /> July 16, 2007 and recommended approval of variances based on the following <br /> findings: <br /> a. The Property contains 337,316 s.f. or 7.74 acres in area and has a total of 545 <br /> feet in width, 33' from the centerline of Watertown Road. <br /> b. The lot exceeds the zoning district requirement for area and width and the <br /> existing barn and farm residence has existed on the property for many years. <br /> c. The setback variance as requested will not negatively impact views of the <br /> Property. <br /> d. The applicants have agreed, as part of this resolution, to enter into a covenant <br /> that disallows use of the barn for a home occupation, dwelling, or rental/lease <br /> of the building as a dwelling. <br /> 4. The City Council has considered this application including the findings and <br /> recommendation of the Planning Commission, reports by City staff, comments by <br /> the applicants and the public, and the effect of the proposed variance 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 to <br /> it and do not apply generally to other property in this zoning district; that granting <br /> the variances would not adversely affect traffic conditions, light, air nor pose a <br /> fire hazard or other danger to neighboring property; would not merely serve as a <br /> convenience to the applicants, but are necessary to alleviate a demonstrable <br /> hardship or difficulty; are necessary to preserve a substantial property right of the <br /> Applicants; and would be in keeping with the spirit and intent of the Zoning Code <br /> and Comprehensive Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a <br /> variance to Orono Municipal Zoning Code Section 78-395 to allow the existing barn to be <br /> setback 39.6 feet from the side lot line where a 50 foot setback is normally required, and 95.2 <br /> feet from the front lot line where a 100 foot setback is normally required; a variance to Orono <br /> Municipal Zoning Code Section 78-1434 to allow the existing 3,000 square foot barn where an <br /> oversized accessory building with a maximum square footage of 2,600 s.f. is normally permitted; <br /> Page 2 of 4 <br />