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.� o�,. . • � �� 3 CITY of ORONO � , � :.. � , ti �� G~' RESOLUTION OF THE CITY COUNCIL - �kESI30g' NO. :� O � � 3. The Planning Commission reviewed this application at a public hearing held on August 18,2003 and recommended partial approval of the application,based on the following findings and conclusions: a) Approval of the setback variance to allow the new 996 s.f accessorybuilding to be located 23.1' from the side street lot line is reasonable due to the wide unused MnDOT right-of-way adj oining the side street lot line,which provides for additional separation of the accessory structure from the actual travelled roadway. b) There is no hardship or justification presented to support the variance to allow the attachment of the new 996 s.fbuilding to the existing 848 s.f.garage via a 165 s.f.greenhouse. The resultant building of just over 2000 s.f.in area would potentially have negative visual impacts as viewed from Highway 12, and is not in keeping with the intent of the Oversize Accessory Structures • � ordinance which attempts to limit the bulk and massing of accessory strucures on properties based on the size of the property. c) Approval of a variance to allow the proposed 900 s.f.pool to be located 15' (rather than the 10'setback proposed)from the side street lot line is reasonable given the width of the unused portion of adjacent MnDOT right-of-way,the fact that at the proposed location no neighboring property owners will be affected by the visual or activity impacts normally associated with a pool use, and keeping in mind the 15' setback from an interior side lot line normally required for accessory structures of 750-1000 s.f. in area. d) The setback variances should be approved only in conjunction with a requirement to establish and maintain a suitable year-round vegetative buffer along the side street lot line to soften the visual impacts of the structures allowed to be nearer the lot line than normally allowed. e) Approval of the request for a CUP for plumbing in an accessory structure to include toilet,sink and shower is reasonable given the intended use of the 996 s.f. structure as a pool house,and although the property is less than 2.0 acres in area, the proposed use substantially meets the intent of the ordinance allowing plumbing in accessory structures, as long as such use is subject to the standard CUP conditions limiting its use for dwelling orhome occupation � uses. 7 Page 2 of 6