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. � o� <br /> 0 0 <br /> � CITY of ORONO <br /> a ;�. � <br /> ti <br /> ti <br /> RESOLUTION OF T CITY COUNCIL <br /> ���kEs'i;��'�G NO. � � � � <br /> b. The variance is not within the parameters for approving a variance found in <br /> City Ordinance Section 78-123. <br /> 4. The City Council has considered this application including the findings and <br /> recommendation of the Planning Commission, reports by City staff, comments <br /> by the applicant and the public, and the effect of the proposed variance on the <br /> health, safety and welfare of the community. <br /> 5. The City Council finds: <br /> a. There are no conditions existing on this property that are peculiar to it and <br /> that do not apply generally to other property in this zoning district. While <br /> the house was granted a setback variance as part of subdivision approval, <br /> the variance is less than a foot. Not being able to construct a privacy fence <br /> between the house and the street occurs whenever a house is constructed at <br /> the minimum setback. <br /> b. Granting the variance is not necessary to alleviate a demonstrable hardship <br /> or difficulty with the property. State statute does not allow consideration <br /> of hardships that arise from the occupants of the property, such as a <br /> disability or an extremely large family. <br /> c. The variance is not necessary to preserve a substantial property right of the <br /> Owtier. The Owner may create a large private area by erecting the <br /> proposed fence at the required setback. The property satisfies the <br /> requirements for lot width and area. <br /> d. Granting the variance would be detrimental to public safety by limiting the <br /> amount of natural surveillance of the street by this property and of this <br /> property by adjacent properties. <br /> e. Granting the variance would not be in keeping with the spirit and intent of <br /> the Zoning Code and Comprehensive Plan of the City. Both the zoning <br /> ordinance and the Comprehensive Plan call for preservation of ttie rural <br /> character of properties in the Rural Residential zoning districts, especially <br /> views. The presence of a tall, 100 percent opaque fence so close to the <br /> street is not in keeping with this goal. <br /> Page 2 of 3 <br />