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.� o,� O , O CITY of ORONO a,�- � y ,.�,-�:; �� RESOLUTION OF��TI-��1�1(COUNCIL } � t '� G NO. �`�kESHog'� 3. The Planning Commission reviewed this application at a public hearing held on September 17, 2012 and recommended conditional approval of the variances based on the following findings: a. The Property contains 11,443 square feet (0.26 acre) in area and has 51 feet in width at the OHWL and 47 feet in width at the 75-foot lake setback. b. Sanitary sewer is available. c. There is no additional land available to bring the lot area or lot width into conformity. d. At 24.9% of the gross lot area the Applicants' proposal conforms to the hardcover limitations for a Tier 1 lot. e. The topography and shape of the Property creates a practical difficulty for locating the home in a conforming location. f. The Property widens from the street to the lake. In order to meet the 10 foot setback from the east lot line the house will be angled so that at its closest point it will be 7.6 feet from the west side street lot line and as it approaches the lake will meet a 10 foot side street setback. g. An existing retaining wall along the east property line is proposed to remain, but will be buried and a swale will be created on top of the filled area. h. To address the steepness of the lot a French drain is proposed across the driveway which will drain along the east, side lot line toward the lake. i. Retaining walls are proposed within 5 feet of both the east and west sides of the lot which will facilitate the construction of the new home and alleviate grading concerns. Engineered plans will be required if the walls exceed 4 feet in height. j. The Planning Commission finds that a 5-foot deck setback from the alley would be more appropriate than the 3.5 foot setback proposed, and recommends that a 5-foot setback be required. k. The Applicants' request will alleviate a practical difficulty inherent to the Property and not created by the Applicants. Page 2 of 5