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3.The Orono Planning Cornmission reviewed this application on April 17,2000 and <br />recommended approval by a vote of 4 to 0. <br />4. The Planning Commission made the following findings of fact: <br />A.The two adjacent properties to the north (2575 and 2605 Thoroughbred Lane) <br />would be those most impacted by the encroachment into the rear yard <br />setback. The tennis court is proposed to be located approximately 235' to the <br />residence located at 2605 Thoroughbred Land euid would be approximately <br />270' to the residence located at 2575 Thoroughbred Lane. <br />B.According to the City ’s most recent topographic maps the tennis court would <br />be located about 22' lower than the two residences on Thoroughbred Lane. <br />The elevation of die tennis court would be at 1007' and the average floor <br />elevation of the residences is approximately 1029'. <br />C.Because the sun is generally located in either the east or west sky it has been <br />an industry standard that tennis courts are constructed to direct play north <br />and south. To accommodate a court on this property and properly align the <br />court it has become necessary to encroach 20' into the rear yard setback. <br />There is a large portion of the property that is not developed to the rear of the <br />house that could not be used for a tennis court due to the primary mound <br />septic system being located in that area. <br />D.Accessory strucnres cannot be located closer to the street than the house. <br />Based on the coin location and conditions by which it must be constructed, <br />it is not possible to locate a tennis court on the property without requiring a <br />setback variance to the rear yard. <br />E.The applicant has addressed the hardship associated with the fence height <br />exceeding 6' to a\oid tennis balls from going over the fence, thus requiring <br />a 1 O' fence. Locating the tennis court 20' into the rear yard setback is the only <br />Paee 2 of7 <br />1