02-28-2005 Council Packet - Laserfiche WebLink

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3. 4. 5. The Planning Commission reviewed this application at a public hearing held on February 22, 2005 and recommended approval of a front yard setback variance to allow u setback of 77 feet based on the following findings: a. 'Hie existing house, which has a setback of 77’, was constructed prior to adoption of the current setback requirement of 100’. b. Approval of the front yard setback request of 72’ wouid not be consistent with past approvals on lots with similar conditions. c. Approval of a front yard setback variance of 77’ will not increase the current non-conforming setback of 77’. d. The request to increase the number of attached garage stalls from the existing single stall is a reasonable request based on the current construction trends. Tlie City Council has considered tliis 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. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other properly 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 necessary 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 Flan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-395 (B) to allow Page 2 of 5