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1�3834 <br /> June 16,2016 <br /> Page 5 of 5 <br /> 10. The granting of the proposed variances will not in any way impair health, safety, <br /> comfort or morals, or in any other respect be contrary to the intent of this chapter. <br /> Granting ai tbe variance would not impair health, safety, comfort or morals as it <br /> merely results in allowing the ezpansion of the ezisting residence commensurate <br /> with ather homes in the neighborhood and has no net uapact on the preservation of <br /> open sgace in the neighborhood. <br /> 11. The granting of such variance will not merely serve as a convenience to the applicant, <br /> but is necessary to alleviate demonstrable difficulty. Granting of the lot coverage <br /> variance will resolve a demonstrated practical difficuity created by the shape and <br /> size of the PRD building pad. <br /> The Commission may recommend and the Council may impose conditions in granting of <br /> variances. Any conditions imposed must be directly related to and must bear a rough <br /> proportionality to the impact created by the variance. I�'o variance shall be granted or changed <br /> beyond the use permitted in this chapter in the district where such land is located. <br /> Open Space Easement ta be Vacated/Rededicated <br /> The covenants for Northgate Two esta.blished an Open Space Easement over the entirety of <br /> Ouflot C in favor of the City of Orono (see Eahibit E). The easement prohibits construction of <br /> "signs, billboazds, accessory buildings, hardcover or roads of any nature whatsoever, or any <br /> other structure or improvement inconsistent with the natural sta.te of the Affected Lands." In <br /> order to avoid future issues for the properiy owners, this lot tine rearrangement process includes <br /> the vacation and rededication of the Open Space Easement, vacating it from the portions of <br /> Outlot C being acquired by applicants, and adding to it the portion of Lot 1 Block 7 the <br /> applicants are trading to the HOA. <br /> Other Consideratioas <br /> No Park or Stormwater Fees Due. "1'b15 tot line rearrangement does not result in new lots; the <br /> `befare' condition is a deveioped buiiding site and a commons lot, and the `after' condition is a <br /> developed huilding site and a commons lot. Therefore, no park fees and no stormwater trunk <br /> fees wilt be due. <br /> Wetlands. Hardcover. There are no wetlands associated with this application. The properiy is <br /> not within the Stormwater Quality Overlay Dishict. <br /> Drai.naae & Utilitv Easements. No drainage and utility easements are affected by this <br /> application. <br /> Combination of Parcels. New deeds must be created for both properties reflecting the new legal <br /> descriptions. <br /> Staff Recommendation <br /> Staff recommends approval of the lot line rearrangement, lot coverage variance and easement <br /> vacation, subject to the applicants g�rranting a new �pen Space Easement over the portion of Lot <br /> I Block 7 being transferred to the HOA, under the identical provisions of the existing Open <br /> Space Easement. <br /> New proposed legal descriptions will be required for ea.ch property. As part of ttris approvai the <br /> applicants will be required to file new deeds based on the new legal descriptions. Staff will work <br /> with the property owners and the City Attorney to ensure that the necessary documents aze <br /> prepared and filed. Planning Commission should hold the public hearizzg regazding the lot line <br /> rearrangement, easement vacation and variance, and make a recommendation to the City <br /> Council. <br />