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. FILE#13-3599 <br /> 11 April 2013 <br /> Page 3 of 3 <br /> circumstances unique to the individual property under consideration, and shall recommend <br /> approval only when it is demonstrated that such actions will be in keeping with the spirit and <br /> intent of the Orono Zoninq Code. <br /> Staff finds that while the location of all utilities should be verified in the field the location of the <br /> sanitary sewer line is unique to the subject property and is not caused by the property owner. <br /> The applicant's request is reasonable and does not appear to adversely affect the neighboring <br /> properties. The variance requested is the minimum necessary to alleviate the practical difficulty <br /> and does not appear to alter the character of the neighborhood. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the property owner proposes to use the <br /> property in a reasonable manner which is not permitted by an official control? <br /> 2. Does the Planning Commission find that the variance, if granted, will not alter the <br /> essential character of the neighborhood? <br /> 3. Should the property owner be required to address this encroachment with the <br /> building plans for the future home at 90 Creek Ridge Pass to accomplish a 60 foot <br /> separation between homes as initially proposed with the Creekside development? <br /> 4. Does the Commission find it necessary to impose conditions in order to mitigate the <br /> impacts created by the granting of the requested variance? <br /> 5. Are there any other issues or concerns with this application? <br /> Staff Recommendation <br /> Planning Staff recommends approval of the setback variance. A revised as-built foundation <br /> survey accurately representing the field verified location of the sanitary line is required to be <br /> submitted for approval prior to placement on the City Council meeting agenda. <br />