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• City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. The Orono Planning Commission reviewed this application on September 6, 1989 and recommended approval of the proposed variances per Zoning Code Section 10.28, Subdivision 5 (B) and Sectin 10.75, Subdivision 4 (B) and per Section 10.03, Subdivision 10 recommends approval of a conditional use permit based on the following findings: A) The proposed pool would be in line with the house on the adjacent lot that fronts on Briar Street. B) The proposed pool meets the required side yard setback for an accessory structure. C) The total lot coverage with the addition remains below the allowed 15% at 2,068 square feet or 14.7%. D) The existing principal structure is located 12'9" from the north side lot line. The proposed addition wi 1 ]. be 19' from the north lot line and will nct encroach any further into the sub.tandard side yard • setback area. 5. The existing sewer _ine within the street rear yard prevents the pool structure from being placed on the property meeting all required setbacks of the- zoning district. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in, keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 7. The City Council finds that granting a conditional use permit to allow the installation of a pool in the street rear yard will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surround' 'ng property values and that the proposed level of use of the • property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan, of the City. Page 2 of 5