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O� <br /> O O <br /> CITY of ORONO <br /> AN <br /> ti <br /> ti <br /> RESOLUTION OF T�Effi COUNCIL <br /> SH0 NO. <br /> 3. The Planning Commission reviewed this application at a public hearing <br /> held on September 19, 2005 and recommended approval of the variances <br /> based on the following findings: <br /> a. The existing home maintains a 13.6' rear yard setback and the <br /> proposed deck would not be located any closer than the existing home. <br /> b. The deck will be accessed by an existing door that requires a landing <br /> and which already encroaches on the required 30' rear yard setback. <br /> c. The findings and conditions of variance resolution #3888 approved in <br /> 1997 remain in place and valid, which approved 28.6% hardcover <br /> within the 75'-250' zone. <br /> d. City records indicate the deck was permitted and conforming in June <br /> of 1981. <br /> e. A reduction of 396 s.f. of hardcover within the 75'-250' is proposed <br /> which reduces the hardcover beyond the 28.6% approved level in <br /> 1997. <br /> 4. The City Council has considered this application including the findings <br /> and recommendation of the Planning Commission, reports by City staff, <br /> comments by the applicant and the public, and the effect of the proposed <br /> variances on the health, safety and welfare of the community. <br /> 5. The City Council finds that the conditions existing on this property are <br /> peculiar to it and do not apply generally to other property in this zoning <br /> district; that granting the variances would not adversely affect traffic <br /> conditions, light, air nor pose a fire hazard or other danger to neighboring <br /> property; would not merely serve as a convenience to the applicant, but is <br /> necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br /> preserve a substantial property right of the applicant; and would be in <br /> keeping with the spirit and intent of the Zoning Code and Comprehensive <br /> Plan of the City. <br /> Page 2 of 5 <br />