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. , �-o�o C ITY OF ORON� � � RESOLUTION OF THE CITY COUNCIL , `�1.� �,�'~ N O. � J � �:f kESHO� small rectangulaz lots in the Navarre area is common; the triangular shape of this lot is very uncommon and presents a unique set of conditions for development of the site as compazed to other lots which are more regular in shape. B9. "The conditions do not apply generally to other land or structures in the distxict in which the land is located." The triangulaz shape of the property is not common in the Navarre area nor in Orono generally,and therefore the conditions imposed by the City ordinances are difficult to meet. B10. "The granting of the application is necessary for the preservation and enjoyment of a substantial properiy right of the applicant." The ability to have a gazage would appear to be necessary for the preservation and enjoyment of any substantial property right. B 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting of the proposed variances is not expected to cause any impairment to health, safety, comfort or morals, and will be in keeping with the intent of the Zoning Code. B 12. "The granting of such variance will not merely serve as a convenience to the applicant,but is necessary to alleviate demonstrable difficulty." Granting the variances in order to have a minimum sized garage is necessary to alleviate a demonstrated practical difficulty. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-350 and 78-1511 to allow construction of a detached gazage located 25.2 feet from the front street lot line and in the required street yard where a 30-foot street setback is normally required; and a variance to Section 78-1435 to allow said garage to encroach streetward of the front line of the principal residence structure; and a variance to Section 78-1438 to allow the garage to be located 8 feet from the existing open deck on the property where a 10-foot setback between structures is normally required; subject to the following conditions: 1. Council approval is based on the survey and garage plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Ezhibit A, and the approved hardcover calculation worksheet attached as Eghibit B. Any amendments to the approved survey which aze not in conformity with City codes will require further Planning Commission and City Council review. Page 5 of 7