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�°�o <br /> ���rY aF oRONo <br /> RESOLUTION OF THE CITY COUNCIL <br /> � � � � � � <br /> �' �� J ,� t � <br /> NO. <br /> I�'�ESH��� <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 of 7 <br />