09-13-2004 Council Packet - Laserfiche WebLink

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3. The Planning Commission reviewed this application at a public hearing held on August 16, 2004 and recommended approval of the after-the-fact side yard setback variance request based on the following findings: a. The location of the new garage at the same location as the previous garage, being setback 8.4 ’ from the side lot line, has no impact on visual density in the neighborhood nor any impact on adjoining property. b. The 1.6 ’ encroaclunent exists at one corner, rather than an entire side. c. The previous slab was reused in an attempt to raise the grade of the new garage to prevent water damage. d. The total amount of hardcover on the property will not increase above the current non-conforming level, and as a stipulation of approval the applicant has agreed to remove 800 s.f. of hardcover from the 75'-250 ’ zone which is out of compliance. 4. The 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 tlie proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property arc 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 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 variances to Orono Municipal Zoning Code Sections 78-1405 and 78-1288 to Page 2 of 5