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CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. `632 Sidewalks are being minimized; however, due to the lack of on -street parking due to the narrowness of Rest Point Road, the driveway must be large enough to allow for off-street parking and this is a factor that further supports the hardcover variance. 5. Retention of the pool and detached garage upon removal of the principal structure is reasonable given that a new home is intended to be immediately rebuilt on the property, hence a variance to Section 78-1432 is justified; however, if new home construction has not been commenced within one year of removal of the principal structure, it would be reasonable to require the accessory structures to be removed. 6. Reconstruction of retaining walls along the west side of the pool and partially within 75' of the shoreline is necessary to allow for grading of a swale to provide for adequate drainage and reduction of stormwater impacts to the adjoining properties. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 8. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances and conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants and owners, but are necessary to alleviate a demonstrable hardship or difficulty; are necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-330 and 78-1279 to allow construction of a new single family residence on a lot 0.65 acre in area where 1.0 acre in area is normally required, and to allow such construction to be attached to an existing garage that is 9.1 feet from the side lot line where a 10 foot setback is normally required; and a variance to Section 78-1288(b) to allow in conjunction with the new home construction, 0-75' zone hardcover of 7.72% where 8.98% hardcover currently exists and no hardcover is normally allowed, and 75-250' zone hardcover of 27.4% where 35.2% exists and Page 3 of 5