01-24-2005 Council Packet - Laserfiche WebLink

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b. The property is similar in size to the other lots in the immediate area. c. Tlie applicants ’ property is nearly conforming in width. With the amount of square footage (23,809 s.f.) the depth is disproportionate to the width making it difficult to meet the rear yard setback with a reasonably sized addition. d. There is no additional land available for acquisition by the applicants to make the property conforming. e. The proposal will not have a negative impact on light, air or open space within the neighborhood. f. The proposed addition is not out of character for the immediate neighborhood. 4. Tlie City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, .safety and welfare of the community. 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 applicant, but is neces.sary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, OKDKR AND CONDI I IONS Based upon one or moie of the above findings, the Orono C'ity Council hereby grants a variance to Orono Municipal Zoning Code Section 78-305 Subdivision B to illow construction of a dining room addition 43.9 ’ lioin the rear property line where a 50 ’ setback is normally required, subject to the following conditions: Page 2 of 5