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r <br />1. <br />2. <br />3. <br />FINDINGS <br />This application was reviewed as Zoning File #03-2869. <br />The property is located in the RR-1B Zoning District, where 2 acres is the minimum <br />required lot area. The property consists of approximately 25.4 acres. <br />The Orono Planning Commission reviewed this application on February 19,2003 and <br />recommended to table the application by a vote of 6 to 0 to the applicant to address <br />certain issues. The application was heard again at the May 19, 2003 Planning <br />Commission meeting. A recommendation to approve the proposed pathway with <br />associated variances and conditional use permit was made by a vote of 6 to 0. The <br />Planning Conunission recommended approval of the horse use on the island with <br />associated variances with a vote of 3 to 3. <br />4. The Planning Commission made the following findings of fact: <br />A. There is currently a pathway in place that provides access to the island. If the <br />applicant is not permitted to improve the pathway, it will likely continue to be <br />used in its unsafe state; <br />B. Horses are a permitted accessory use in the zoning district. The applicant is <br />proposing less than the number of horses permitted on land of this size, on an <br />intermittent basis; and <br />C. The use of the island will not negatively impact the health, welfare of safety of <br />the public nor negatively impact neighboring views. <br />S. The City Council makes the following additional flndings: <br />A.The 150 ’ GHWl. setback established when the Shoreland Ordinance was <br />adopted by the City in 1992 makes a significant portion of the property <br />unusable for many uses that would formerly have been allowable <br />B.From the island of land in question, wetlands extend some 600 ’ before open <br />water is reached; this is 600 ’ to the edge of the permanent wetland, not to the <br />edge of floating bogs which visually would make the open water basin vary in <br />shape over time. The unique geography of this basin, with 600 ’ of wetland to <br />filter runoffbefore it reaches open water, is supportive of allowing horses to <br />Page 2 of 6