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CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5650 The Planning Commission reviewed this application at a public hearing held on July 16, 2007 and recommended approval of variances based on the following findings: a. The Property contains 337,316 s.f, or 7.74 acres in area and has a total of 545 feet in width, 33' from the centerline of Watertown Road. b. The lot exceeds the zoning district requirement for area and width and the existing barn and farm residence has existed on the property for many years. c. The setback variance as requested will not negatively impact views of the Property. d. The applicants have agreed, as part of this resolution, to enter into a covenant that disallows use of the barn for a home occupation, dwelling, or rental/lease of the building as a dwelling. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. 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 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, 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 z variance to Orono Municipal Zoning Code Section 78-395 to allow the existing barn to be setback 39.6 feet from the side lot line where a 50 foot setback is normally required, and 95.2 feet from the front lot line where a 100 foot setback is normally required; a variance to Orono Municipal Zoning Code Section 78-1434 to allow the existing 3,000 square foot barn where an oversized accessory building with a maximum square footage of 2,600 s.f. is normally permitted; Page 2 of 4