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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />? r' .., 'j D ~) f , NO. _________ _ <br />3. The Applicants have applied for the following variance: <br />a. Variance to Orono Municipal Zoning Code Sections 78-1434(3) and 78-1435 <br />to allow construction of a 2,400 square foot OAS in a location nearer to the <br />front or street lot line than the principal building on the Property where no <br />accessory structure is normally allowed. <br />4. The Property contains 7.09 acres in area and has a defined lot width of 278 feet <br />along Bayside Road. <br />5. The Property is exempt from the hardcover limitations of the Stormwater Quality <br />Overlay District. <br />6. The Property is approximately 630 feet deep with the residence structure located <br />near the rear of the Property, 190 feet from the rear lot line. <br />7. The City Council has considered this application including the findings and <br />recommendation of the Planning Commission, reports by City staff, comments by <br />the Applicants and the public, and the effect of the proposed variance upon the <br />health, safety and welfare of the community, existing and anticipated traffic <br />conditions, light and air, danger of fire, risk to the public safety, and the effect on <br />values of property in the surrounding area. <br />8. The City Council finds that the conditions existing on this Property are peculiar to <br />it and do not apply generally to other properties in this zoning district; that granting <br />the variance would not merely serve as a convenience to the Applicants, but is <br />necessary to alleviate a practical difficulty; is necessary to preserve a substantial <br />property right of the Applicants; and would be in keeping with the spirit and intent <br />of the Zoning Code and Comprehensive Plan of the City. <br />ANALYSIS <br />1. "Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance ... " The limitations imposed by Sections 78-1434 and 78-1435 <br />are intended to prevent obtrusive accessory buildings within the front yards of urban and <br />rural neighborhoods. The impact of the proposed OAS between the house and the street <br />on this rural property in a neighborhood of 2-plus acre lots would appear to be of a <br />significantly lesser magnitude than in a neighborhood of 1 /2 acre or 1-acre lots and is in <br />keeping with the intent of the ordinance. <br />Page 2 of7