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.� O O O CITY of ORONO RESOLUTION OF�T�VLTY COUNCIL NO. t�kESHOg' h. The potential time delays and costs that would be incurred by the Applicant in redesigning the house due to a City sewer line in the wrong location appeared to far outweigh the negative impacts of the encroachment. Staff advised the Applicant that they could proceed, but would have to make an after-the-fact variance application. The Applicant was advised that a surrey showing the relocated house with the porch encroachment would also be required. i. Pivoting the house resulted in the encroachment of a small portion of the 1- story, screen porch into the 30' east side setback by approximately 6' at the south end and 4' at the north end. The porch is 18' wide so the total area of encroachment into the setback would be about 90 s.f. of open porch. j. The porch is one story and only adds minimally to the massing on the site. k. The encroachment does not appear to limit the light, air and open space enjoyed by the adjacent property. The Applicant's request results in minimal negative impact to adjacent properties. Granting the applicant's request is in harmony with the purpose and intent of the ordinance and will not alter the essential character of the neighborhood. 5. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 6. The City Council finds that the conditions existing on the 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 Applicant, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicant; 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 78-420 to allow construction of an enclosed screen porch portion of the proposed home, such porch located 24 feet from the side lot line within the required 30-foot side yard where no structure is normally allowed, subject to the following conditions: - , Page 3 of 4