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� , <br /> �—� <br /> !� �\ <br /> \ <br /> �� °���� <br /> , �b. - ,; CITY of ORONO <br /> � �!;; <br /> �� ��,�/-' RESOLUTION OF THE CITY COUNCIL <br /> `9�f p4� �/ NO. ,� ;-' v�' <br /> ��_g� � `� _ <br /> 3. The Orono Planning Commission reviewed this application on April 17, 2000 and <br /> recommended approval by a vote of 4 to 0. <br /> 4. The Planning Commission made the following findings of fact: <br /> A. The two adjacent properties to the north(257� and 2605 Thoroughbred Lane) <br /> would be those most impacted by the encroachment into the rear yard <br /> setback. The tennis court is proposed to be located approximately 23 5'to the <br /> residence located at 260� Thoroughbred Land and would be approximately <br /> 270' to the residence located at 2�7� Thoroughbred Lane. <br /> B. - According to the City's most recent topographic maps the tennis court would <br /> be located about 22' lower than the t�vo residences on Thoroughbred Lane. <br /> The elevation of the tennis court would be at 1007' and the average floor <br /> elevation of the residences is approximately 1029'. <br /> C. Because the sun is generally located in either the east or���est sky it has been <br /> an industry standard that tennis courts are constructed to direct play north <br /> and south. To accommodate a court on this property and properly align the <br /> court it has become necessary to encroach 20' into the rear yard setback. <br /> There is a large portion of the property that is not developed to the rear of the <br /> house that could not be used for a tennis court due to the primary mound <br /> septic system being located in that area. <br /> D. Accessory structures cannot be located closer to the street than the house. <br /> Based on the court location and conditions by �vhich it must be constructed, <br /> it is not possible to locate a tennis court on the property without requiring a <br /> setback variance to the rear yard. <br /> E. The applicant has addressed the hardship associated with the fence height <br /> eYceeding 6' to avoid tennis balls from going over the fence, thus requiring <br /> a 10'fence. Locating the tennis court 20'into the rear yard setback is the only <br /> Page 2 of 7 <br />