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moo\ <br />CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 5639 <br />3. The Planning Commission reviewed this application at a public hearing held on <br />April 16, 2007 and recommended approval of variances based on the following <br />findings: <br />a. The property contains 44,670 s.f. (1.0 acre) in area and has 150' in width. <br />b. A new home was constructed on the property in 2001 and the building permit <br />plans reflect a conforming 75' — 250' hardcover level of 25%. The applicants <br />are the current owners and purchased the property in 2006. At the time of <br />purchase the property contained illegal, non -conforming hardcover within 75- <br />250' and 250' -500' zones. <br />c. The hardcover variances as requested will result in a net reduction from the <br />existing non -conforming levels. The 250'-500' zone will be reduced from a <br />nonconforming level to a level below that which is allowed. The proposed <br />residence meets the structural lot coverage limitation of 15%. <br />d. The proposed pool complies with all LR -1B setback requirements. <br />e. The applicants are proposing to construct a rain garden and plant a 10' wide <br />native vegetative buffer along the lakeshore in order to alleviate some of the <br />surface water drainage issues as a result of the excess site hardcover. <br />4. 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 on the <br />health, safety and welfare of the community. <br />5. The City Council finds that the conditions existing on this property are peculiar to <br />it and do not apply generally to other property in this zoning district; that granting <br />the variance would not adversely affect traffic conditions, light, air nor pose a fire <br />hazard or other danger to neighboring property; would not merely serve as a <br />convenience to the applicants, but is necessary to alleviate a demonstrable <br />hardship or 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 Zoning Code <br />and Comprehensive Plan of the City. <br />Page 2 of 5 <br />