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- � o� <br /> 0 0 <br /> r �= CITY of ORONO <br /> � .- ; � <br /> , ti <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> ��`9k'ES8�4�G NO. �� � � <br /> 3. The Planning Commission reviewed this application at a public hearing <br /> held on Augi.ist 16, 2004 and recommended approval of the after-the-fact <br /> side yard setback variance request based on the following findings: <br /> a. The location of the new garage at the same location as the previous <br /> garage, being setback 8.4' from the side lot line, has no impact on <br /> visual density in the neighborhood nor any iiizpact on adjoiniiig <br /> property. <br /> b. The 1.6' encroachment exists at one corner,rather than an entire side. <br /> c. The previotts slab was reused in an attempt to raise the grade of the <br /> new garage to prevent water damage. <br /> d. The total amount of hardcover on the property will not increase above <br /> • the current non-conforming level, and as a stipulation of approval the <br /> applicants have agreed to remove 800 s.f. of hardcover from the 75'- <br /> 250' zone which is out of coinpliance. <br /> 4. The City Council has considered this application including the findings <br /> and recorrunendation of the Planning Commission, reports by City staff, <br /> comments by the applicants 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 fiiids 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 variance 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 applicants, but is <br /> necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br /> preserve a substantial property right of the applicants; and would be in <br /> keeping with the spirit and intent of the Zoning Code and Comprehensive <br /> Plan of the City. � <br /> � CONCLUSIONS, ORDER AND CONDITIONS <br /> • Based upon one or more of the above fmdings, the Orono City Council hereby <br /> grants variances to Orono Municipal Zoning Code Sections 78-1405 and 78-1288 to <br /> Page 2 of 5 <br />