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. ' O <br /> O � <br /> CITY of ORONO <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> �kE3I;11Dg NO. 55 2 4 <br /> a. The house was constructed with a permit and proper inspections. There is <br /> no indication in the file that there was any question about the location of <br /> the side lot line. The applicants were not involved in construction of the <br /> house. They purchased it six years after it was built with the expectation <br /> that the house was conforming or legally non-conforming. <br /> b. To bring the garage into conformance with the setback would require total <br /> reconstruction of the three-car garage. Because of the angle between the <br /> garage wing and main portion of the house, reconstruction of the adjacent <br /> utility room would probably be necessary as well. <br /> c. Allowing the garage to remain where it is would not be detrimental to the <br /> surrounding properties. The house on the adjacent lot is over 180 feet from <br /> the applicants' garage so the reduced setback is not readily apparent. <br /> 5. The City Council has considered this application including the findings and <br /> recommendation of the Planning Commission, reports by City staff, comments <br /> by the applicants and the public, and the effect of the proposed variance on the <br /> health, safety and welfare of the community. <br /> 6. The City Council finds that the conditions existing on this property are peculiar <br /> to it and do not apply generally to other property in this zoning district; that <br /> granting the variance would not adversely affect traffic conditions, light, air <br /> nor pose a fire hazard or other danger to neighboring property; would not <br /> merely serve as a convenience to the applicants, but is necessary to alleviate a <br /> demonstrable hardship or difficulty; is necessary to preserve a substantial <br /> property right of the applicants; and would be in keeping with the spirit and <br /> intent of the Zoning Code and Comprehensive Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon the above findings, the Orono City Council hereby grants a <br /> variance to Orono Municipal Zoning Code Section 78-420(b) to allow the existing house to <br /> remain as constructed with a 21 foot setback for the attached garage, subject to the following <br /> conditions: <br /> 1. Council approval is based on the survey submitted by the applicants, a copy of <br /> Page 2 of 4 <br />