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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 7577 <br />below an acre in size, each property backs up to the significant undeveloped acreage <br />of Wood -Rill Scientific and Natural Area; and <br />C9. The conditions do not apply generally to other land or structures in the district in which the <br />land is located; the Property is surrounded on two of four sides by Wood -Rill Scientific <br />and Natural Area, land that can buffer and screen the potential impacts of the pigeons <br />and their enclosure, despite the substandard size of the Property; and <br />C10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant; pigeons have been found to be a minimally <br />impactful use for the Property and the granting of variances have been found to be <br />necessary for the preservation and enjoyment of the Owners' property rights; and <br />C11. The granting of the proposed variance will not in any way impair health, safety, comfort or <br />morals, or in any other respect be contrary to the intent of this chapter; the impacts of the <br />proposed Farm Animals use to allow for pigeons on the abundantly screened Property <br />are not anticipated to impact the health, safety, comfort or morals of neighbors or property <br />in the area; and <br />C12. The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty; the nonconforming size of the Property <br />is outside of the Applicant's control. Given the abundant natural resources adjacent to <br />the Property, approval of variances from the conditional use standards is necessary to <br />address a practical difficulty. <br />CONDITIONAL USE PERMIT ANALYSIS: <br />The City Council may approve a conditional use permit for the keeping of Farm Animals for <br />noncommercial purposes on the Property, provided that: <br />B1. Where the applicant requests a conditional use permit to keep farm animals other than <br />horses, there must be at least one acre for the dwelling and one acre for each animal <br />unit. Calculations of minimum acreage required shall not include any land defined as a <br />wetland or wetland buffer under Section 78-1602; this criterion is met with approval of a <br />variance for the Property size of 0.77 acres, as the property is located in a low -density <br />residential area surrounded by a undeveloped wooded preserve; and <br />B2. Any building or structure associated with the animals is located more than 150 feet <br />from the nearest adjacent residence and at least 75 feet from the nearest lot line; this <br />criterion is met with the approval of a variance for the proposed coop housing the Farm <br />Animals being proposed 35 feet from a lot line; and <br />54 <br />