06-27-2005 Council Packet - Laserfiche WebLink

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m 6. 7. 8. compatible with the neighborhood than the building proposed, and denial of the variance would potentially result in construction that would be a detriment to the neighborhood. The City Council flnds that because the applicant’s site plan locates the proposed structure less than 26 ’ from a delineated wetland on the property, the structure should be relocated or slightly re-designed to avoid any encroachment or land alteration within 26 ’ of the wetland. 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 public, and the effect of the proposed variances and conditional use permit 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 property in this zoning district; that granting the variances and conditional use permit would not adversely affect traffic conditions, li^t, 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 78-1434 to permit the construction of an Oversize Accessory Structure (OAS) with a footprint of approximately 3,310 s.f. on a property where the maximum OAS footprint allowed is 1,200 s.f.; and grants a variance to Municipal Zoning Code Section 78-1435 to permit the above mentioned OAS to be located nearer the front or street lot line than the principal residence structure on the property, where no accessory structures are normally allowed; and grante a conditional use permit per Municipal Zoning Code Section 78-418(16) to allow the installation of plumbing to include a toilet and lavatory within the accessory structure, subject to the following conditions: Page 4 of 7 . 1 liti-niifrr J