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0 0 <br /> CITY of ORONO <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> `q$ESg0gNO. s Q 7 <br /> approval of the lot area, setback and hardcover variances based on the <br /> following findings: <br /> a. The subject property is 0.455 acres in size when the zoning district <br /> requires 2 acres. Also, the adjacent neighborhood in which the <br /> property is located has many lots under the required 2 acres. <br /> b. The setbacks of the existing home are non-conforming. <br /> c. A reasonably sized home could not be placed on the lot without <br /> setback variances. <br /> d. Over half of the property is unbi ildable due to the 75' required creek <br /> setback. <br /> 4. The City Council has considered this application including the findings <br /> and recommendation of the Planning Commission, reports by City staff, <br /> comments by the applicants and the public, and the effect of the proposed <br /> variance on the health, safety and welfare of the community. <br /> 5. The City Council finds 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 findings, the Orono City Council hereby <br /> grants a variance to Orono Municipal Zoning Code Section 78-282, 78-305 (B), and 78- <br /> 1288 (B)to allow construction of a new residence on a property that is 0.455 acres in size <br /> when 2 acres is normally required and for the structure to be setback 30' from the front <br /> property line when 50' is required, 10' from the side property line when 30' is required <br /> and, 30' from the rear property line when 50' is required and also to allow 45% <br /> Page 2 of 6 <br />