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°� <br /> 0 0 <br /> 1j %yY4. CITY of ORONO <br /> H <br /> 15,4 <br /> "�,� i k 0" RESOLUTION OF THE CITY COUNCIL <br /> 410ESI1.04. NO. S 107 <br /> 3. The Planning Commission reviewed this application at a public hearing <br /> held on January 20, 2004 and recommended approval of the variances and <br /> conditional use permit based on the following findings: <br /> a. The proposed house meets all Zoning Ordinance requirements. The <br /> property is sewered. <br /> b. The lot is a legal lot of record, and a residence has existed on the <br /> property for many years. <br /> c. The pool has existed in its current location since 1978. <br /> d. The City has never received any complaints regarding the pool. <br /> 4. The City Council has considered this application including the findings <br /> and recommendation of the Planning Commission, reports by City staff, <br /> comments by the applicants and the public, and the effect of the proposed <br /> variance and conditional use permit on the health, safety and welfare of <br /> the community. <br /> 5. The City Council finds that the conditions existing on this property are <br /> peculiar to it and do not apply generally to other property in this zoning <br /> district; that granting the variance and conditional use permit would not <br /> adversely affect traffic conditions, light, air nor pose a fire hazard or other <br /> danger to neighboring property; would not merely serve as a convenience <br /> to the applicants, but is necessary to alleviate a demonstrable hardship or <br /> difficulty; is necessary to preserve a substantial property right of the <br /> applicants; and would be in keeping with the spirit and intent of the <br /> Zoning Code and Comprehensive Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings,the Orono City Council hereby <br /> grants a variance and conditional use permit to Orono Municipal Zoning Code Sections <br /> 78-420 (B), 78-1431 and 78-1 to allow a lot area variance so that a new residence can be <br /> constructed on a lot 1.523 acres in size when 2.0 acres is normally required, a conditional <br /> use permit so that an existing pool can remain on a through lot, and a variance so the pool <br /> can encroach into the 50' setback for Highway 12, subject to the following conditions: <br /> Page 2 of 5 <br />