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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />a) Applicant participated throughout the entire review and <br />received notice of all final action culminating in the signing of <br />a formal resolution whereby applicant agreed to make the <br />necessary removals. <br />b) The total variance of 43% hardcover within the 75-250' <br />setback area is excessive for this size property and would not be <br />consistent with previous Council action with similar <br />applications. <br />c) The applicant has not presented adequate hardships to satisfy <br />the current hardcover application. <br />7. The property at its present level of hardcover does not conform to <br />the current development pattern of the neighborhood. <br />8. The granting of the hardcover variances now proposed by the <br />applicant would set an adverse precedent and limit Council's <br />consideration of similar applications in the future. <br />9. The intent of this application is contrary to the objectives and <br />goals of the Orono Comprehensive Plan. <br />10. The values of adjacent properties will be adversely affected if <br />the detached garage structure is allowed to remain on the property. <br />11. Tc approve the application as proposed, the City wuuld be asked <br />to approve total hardcover variances of 18% within the 0-75' setback <br />area and 43% within the 75-250' setback area. Such an action would <br />establish a negative precedent in the future development of the LR-lC <br />zoning district, the standards and intent of hoth the City Zoning Code <br />and Community Management Plan would no longer have any effect if the <br />City establishes a precedent of approving variances in what could be <br />labeled "after -the -fact". <br />12. The granting of the required variances will result in the <br />following violations of Section 10.08, Subdivision 3 (A) of the zoning <br />code of which the applicant must first comply before the requested <br />variances can be granted: <br />a) In review of the factual findings noted above, the City finds <br />that the essential character of the neighborhood will be altered <br />if the proposed variances were granted and the hardcover allowed <br />to remain. <br />Page 4 of 6 <br />