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o,,. <br />O O CITY of ORONO <br />3 RESOLUTION OF THE CITY COUNCIL <br />G'ti` NO. 6 <br />kESHOg' <br />I. The Applicants' request will not alter the essential character of the <br />neighborhood and will resutt in minimal negative impact on adjacent <br />properties. <br />m. The Applicants' request is in harmony with the purpose and intent of the <br />ordinance. <br />n. The Applicants have demonstrated that enforcing the side, street setbacks, <br />lot area and lot width provisions of the Zoning Ordinance deprive the <br />Applicants of the reasonable use of their Property. <br />4. The City Council reviewed this application at a meeting held on October 8, 2012 <br />and took the following actions: <br />a. The Council voted 2 to 3 on a motion for approval of lot width and lot area <br />variances, approval of a 7.6 foot setback on the west lot line for the garage <br />portion of the home and approval of a 5.75 foot setback on the west lot line <br />for the deck; the motion failed. <br />b. The Council then voted 3 to 2 on a motion to approve the lot area and lot <br />width variances as well as side street setback variances from the west lot line <br />to allow a 7.6 foot setback for the garage portion of the home and a 10 foot <br />setback for the deck; the motion passed. Staff was directed to draft a <br />resolution reflecting this action. <br />5. The City Gouncil 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 />6. The City Counci{ 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 variance would not adversely affect traffic conditions, light, air nor pose a fire <br />hazard or other danger to neighboring property; would not merely serve as a <br />convenience to the Applicants, but is necessary to alleviate a prac ical difficulty; <br />is necessary to preserve a substantial property right of the Applicants; and would <br />be in keeping with the spirit and intent of the Zoning Code and Comprehensive <br />Plan of the City. <br />Page 3 of 5