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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 5 5 2 5 <br />3. The Plaiming Commission reviewed this application at a public hearing <br />held on September 18, 2006 and recommended approval of the lot area <br />variance but denial of the side setback variance based on the following <br />findings: <br />a. The lot was legally created prior to adoption of the cu1Tent RS, <br />Seasonal Recreational District standards. <br />b. A structure can be built on the lot meeting the required 50' lot line <br />setbacks (to the north and west) as well as wetland, septic and lake <br />setback requirements. <br />c. The property has suitable primary and alternate 3-bedroom septic sites <br />available. <br />d. The property contains an adequate buildable envelope in which to <br />construct a confom1ing structure, ai1d there is no reasonable <br />justification or sufficient hardship to support the granting of a side <br />setback variance for the enclosed porch. <br />4. The City Council has considered this application including the findings <br />and recommendation of the Planning Conm1ission, repo1ts by City staff, <br />comments by the applicants and the public, and the effect of the proposed <br />variai1ces 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 prope1iy in this zoning <br />district; that granting the lot area variance would not adversely affect <br />traffic conditions, light, air nor pose a fire hazard or other danger to <br />neighboring property; would not merely serve as a convenience to the <br />applicants, but is necessary to alleviate a demonstrable hardship or <br />difficulty; is necessary to preserve a substantial property right of the <br />applicants; and would be in keeping with the spirit and intent of the <br />Zoning Code and Comprehensive Plan of the City. <br />Page 2 of 5