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and between the garage and the neighboring property. Placing the structure further back <br />on the property would require removing trees and increasing hardcover for a longer <br />driveway. <br />3.That the proposed conditional use will comply with each of the applicable provisions of <br />the Zoning Chapter. <br />Garages are a permitted accessory use within ”R" districts. The Zoning Code requires <br />accessory structures to be setback 35-feet from a street or no closer to the street than the <br />principal structure on the lot. On a through lot two street yards exist creating a unique <br />situation. The Code requires accessory structures to not be closer to the street than the <br />principle building. For this reason the Zoning Code requires a conditional use permit. <br />No variances are required with the application as all setbacks and building size <br />requirements are would be met. <br />STAFF RECOMMENDATION <br />Staff recommends approval of the conditional use permit to construct a garage, as an <br />accessary structure on a through lot, based on the following conditions: <br />1. <br />2. <br />3. <br />The applicant shall obtain a building permit from the City of Orono prior to <br />constructing the garage. <br />The applicant shall construct the garage in substancial conformance with the <br />survey dated May 19,1998 on file with the Department of Building and Zoning. <br />The applicant receives a building permit within one year of Coimcil granting the <br />conditional use permit. <br />Thomas Berscheid <br />1365 Rest Point Road <br />Conditional Use Permit <br />7/20/98 <br />Page4