Resolution 7577 Conditional Use Permit Farm Animals 430 East Long Lake Rd

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(404-BOAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL . NO. 7577 9kESHO4 below an acre in size, each property backs up to the significant undeveloped acreage of Wood-Rill Scientific and Natural Area; and C9. The conditions do not apply generally to other land or structures in the district in which the land is located; the Property is surrounded on two of four sides by Wood-Rill Scientific and Natural Area, land that can buffer and screen the potential impacts of the pigeons and their enclosure, despite the substandard size of the Property, and C10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant; pigeons have been found to be a minimally impactful use for the Property and the granting of variances have been found to be necessary for the preservation and enjoyment of the Owners'property rights; and C11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter; the impacts of the proposed Farm Animals use to allow for pigeons on the abundantly screened Property are not anticipated to impact the health, safety, comfort or morals of neighbors or property in the area; and C12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty; the nonconforming size of the Property is outside of the Applicant's control. Given the abundant natural resources adjacent to the Property, approval of variances from the conditional use standards is necessary to address a practical difficulty. CONDITIONAL USE PERMIT ANALYSIS: The City Council may approve a conditional use permit for the keeping of Farm Animals for noncommercial purposes on the Property, provided that: B1. Where the applicant requests a conditional use permit to keep farm animals other than horses, there must be at least one acre for the dwelling and one acre for each animal unit. Calculations of minimum acreage required shall not include any land defined as a wetland or wetland buffer under Section 78-1602; this criterion is met with approval of a variance for the Property size of 0.77 acres, as the property is located in a low-density residential area surrounded by a undeveloped wooded preserve; and B2. Any building or structure associated with the animals is located more than 150 feet from the nearest adjacent residence and at least 75 feet from the nearest lot line; this criterion is met with the approval of a variance for the proposed coop housing the Farm Animals being proposed 35 feet from a lot line; and 4