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� o� <br /> 0 ,��4, 4 \ CITY of ORONO <br /> ���� � <br /> � � ��"� �� � � RESOLUTION OF TH C�TY COUNCIL <br /> '�'+� �^�� ,�� :'�';;" ,� � `�� r <br /> � a ����� t, NO. <br /> �kESHO�'� <br /> h. The potential time delays and costs that would be incurred by the Appiicant in <br /> redesigning the house due to a City sewer line in the wrong location <br /> appeared to far outweigh the negative impacts of the encroachment. Staff <br /> advised the Applicant that they could proceed, but would have to make an <br /> after-the-fact variance application. The Applicant was advised that a survey <br /> showing the relocated house with the porch encroachment would also be <br /> required. <br /> i. Pivoting the house resulted in the encroachment of a small portion of the 1- <br /> story, screen porch into the 30' east side setback by approximately 6' at the <br /> south end and 4' at the north end. The porch is 18' wide so the total area of <br /> encroachment into the setback would be about 90 s.f. of open porch. <br /> j. The porch is one story and only adds minimaliy to the massing on the site. <br /> k. The encroachment does not appear to limit the light, air and open space <br /> enjoyed by the adjacent property. The Appiicant's request results in minimal <br /> negative impact to adjacent properties. Granting the appiicant's request is in <br /> harmony with the purpose and intent of the ordinance and will not alter the <br /> essential character of the neighborhood. <br /> 5. 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 Applicant and the public, and the effect of the proposed variance on the <br /> health, safety and weifare of the community. <br /> 6. The City Council finds that the conditions existing on the Property are peculiar to <br /> it and do not apply generaily 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 Applicant, but is necessary to alleviate a practical difficulty; is <br /> necessary to preserve a substantial property right of the Applicant; and would be <br /> in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan <br /> of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a <br /> variance to Orono Municipal Zoning Code Section 78-420 to allow construction of an enclosed <br /> screen porch portion of the proposed home, such porch located 24 feet from the side lot line <br /> within the required 30-foot side yard where no structure is normally allowed, subject to the <br /> foilowing conditions: xwa. <br /> Page � of 4 <br />