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O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL A NO. 6 2 2 ��kES14 4. The Planning Commission reviewed this application at a public hearing held on April 15, 2013 and on a vote of 5 to 0 recommended approval of the requested variance, based on the following findings: a. The Property contains 84,130 square feet in area and has a lot width of 160 feet. The existing property including the porch is conforming with respect to lot coverage at 4%. b. Prior to issuance of the building permit for the Property, Staff spent a considerable amount of time with the Applicant and the designer re-working the house plans so it fit correctly within the site respecting the required setbacks, utility easements, wetlands, etc. The permit was issued on November 21, 2012 and excavation for the house began on or about November 29, 2012 and that is when the pipe issue was discovered. Cold weather was imminent. c. The Applicant's excavation uncovered a break in the sewer line that the City would not have otherwise known about. Based on the nature of the break and the condition of the pipe public works staff felt it was unlikely that the break was caused by the Applicant's excavator. The lot had been filled at the time of the subdivision development as it was very low to begin with and compacting of that fill may have had an impact on the pipe. d. There should be a minimum of a 10 foot separation between the sewer line and the home for future maintenance purposes and to ensure the integrity of the sewer line. As viewed on site, the pipe was reportedly very near the intended northwesterly corner of the house. e. The Applicant was not responsible for the pipe location; the City had no intent to relocate the sewer line. f. The Applicant owned (and still owns) the adjacent vacant building lot. g. The Applicant and Staff concluded that to resolve the issue the house could be pivoted to the east, but this would result in an encroachment of the east side setback. Page 2 of 4