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3. <br />4. <br />The Planning Commission reviewed this application at public hearings <br />held on November 17. 2003 and recommended approval of the variance <br />based on the following findings: <br />a. Within the 75’-250’ setback, the applicants propose the removal of <br />296 s.f. of concrete sidewalk, and 90.6 s.f. of bituminous drive in order <br />to reduce their hardcover amount in this zone from 65.1“/o to 59.9%. <br />b. The applicants will remove the carport, consisting of 357 s.f. of <br />structural coverage, but leave the hard surface below the carport as an <br />accessor>' parking stall. <br />c. The small size of the lot is a hardship that supports the level of 59.9% <br />hardcover within the 75*-250' zone, given the existing developed <br />status of the property and the need for olT-strect parking due to the <br />high traffic on Shad\A\ood Road. <br />d. The second-story expansion in the substandard side setback will have <br />no negative impacts on neighboring properties. <br />The City Council has considered this application including the findings <br />and recommendation of the Planning Commission, reports by City staff, <br />comments by the applicant and the public, and the etYect of the proposed <br />variance on the health, safety and welfare of the community. <br />The City Council finds that the conditions existing on this property are <br />peculiar to it and do not apply generally to other property in this zoning <br />district; that granting the variance would not adversely affect traffic <br />conditions, light, air nor pose a fire hazard or other danger to neighboring <br />property; would not merely serv'e as a convenience to the applicant, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br />preser\e a substantial property right of the applicant; and would be in <br />keeping with the spirit and intent of the Zoning Code and Comprehensive <br />Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby ‘ <br />grants a variance to Orono Municipal Zoning Code Section 78-282 to allow hardcover <br />within the 75’-250' setback zone of 59.9^ b (consisting of 4504.4 s.f. of hardcover) and a <br />variance from 78-350(b) in order to add a pitched roof over an existing flat roofed porch <br />Page 2 of 5 <br />1 <br />I i <br />il