11-24-2003 Council Packet - Laserfiche WebLink

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----- 5. approval of the lot area, setback and hardcover variances based on the following findings: a. The subject property is 0.455 acres in size when the zoning district requires 2 acres. Also, the adjacent neighborhood in which the property is located has many lots under the required 2 acres. b. The setbacks of the e.xisting home are non-conforming. c. A reasonably sized home could not be placed on the lot without setback variances. d. Over half of the property is unbuildable due to the 75’ required creek setback. The City Council has considered this application including the findings ai'd recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. I’m.* 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 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 Orono Municipal Zoning Code Section 78-282, 78-305 (B), and 78- 1288 (B) to allow construction of a new residence on a property that is 0.455 acres in size when 2 acres is normally required and for the structure to be setback 30 ’ from the front property line when 50’ is required, 10' from the side property line when 30 ’ is required and, 30 ’ from the rear property line when 50’ is required and also to allow 45% Page 2 of 6 • ! i