Resolution 6431 (Expired-Never Recorded)

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�o�o C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL �`��, �,G~� N o. _ � 4 3 1 kESH�� j. The Applicants have demonstrated that enforcing the hardcover provisions of the Zoning Ordinance would deprive the Applicants of the reasonable use of their Property. 4. The City Council has considered this application including the findings and 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. 5. The 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 practical 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 78-1288 and 78-1700 to allow 32.8% hardcover in the SW 0 to 75' zone where 30.7% exists and 0% is normally allowed; 40.3% hardcover within the NE 0 to 75' zone where 40.8% currently exists and 0% is normally allowed; and 53% hardcover within the 75' to 250' zone where 37% currently exists and 25% is normally allowed in conjunction with reorienting the driveway on the property, subject to the following conditions: 1. Council approval is based on the survey submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover shall not increase above the existing and approved levels as follows: 1,210 s.f. of hardcover (32.8%) within the SW 0-75' zone; 2,617 s.f. of hardcover (40.3%) within the NW 0-75' zone; and 1,239 s.f. of hardcover (53%) within the 75'- 250' zone. Hardcover shall not exceed above 42.5% (5,066 s.f.) of the total Property area; hardcover within 75-feet of the OHWL shall not exceed above 3,824 square feet. 3. Applicants shall remove all plastic liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. Page 3 of 5