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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 4 'f Id 0 <br />3. The Orono Planning Commission reviewed this application on September 17, <br />2001 and recommended approval on a vote of 7 to O to approve variances as <br />requested based on the following findings: <br />A. Property owners propose to remove the existing residence and construct <br />a new residence. The property is located at the end of the Baldur Park <br />peninsula. Because the lot is located at the end of the peninsula most <br />of the lot area (79% of the lot) is located within 75' of the lakeshore. <br />B. Only a small portion of the property is located outside of the 75' setback. <br />Due to setback requirements, most of the 75' -250' setback area is not <br />buildable due to street setback and side setback requirements. <br />C. The property is located in the MUSA area. <br />D. The applicant's house is the only house on Baldur Park not connected to <br />sanitary sewer. The property is not served with sewer because the sewer <br />service stops at the end of the public maintained Baldur Park Road. The <br />existing residence is not connected to sewer because an easement for <br />utility or sewer purposes would be required across the adjacent properties <br />to Baldur Park Road. The property has an easement for driveway <br />purposes only. <br />E. The Council approved a preliminary plat subdivision approval in 1982 for <br />two lots between the subject property and the end of the maintained <br />Baldur Park Road. Using the preliminary subdivision approval from <br />1982, the City can assume there is a possibility that there are two <br />building sites south of the property. Based on this assumption, a total <br />of 3 lots will ultimately require sewer connection. <br />F. The property also has an easement over Lot 31 for private septic <br />purposes. There is one system located on Lot 31 that is listed as <br />compliant because it is more than 3' above the seasonal water table. The <br />system is not compliant with all regulations because the entire drainfield <br />site is located within 75' of the lake_shore. Occupancy of a new house <br />requires the septic to be replaced. <br />Page 2 of9