#6782-variances-2017 - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6782 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property is unique because it has a non-lakeshore lot on the west and the home on the lakeshore lot directly to the east is set back further than the other immediately adjacent homes. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The majority of the Property is encumbered by the applied average lakeshore setback; to push the home further from the lake would nearly eliminate lake views. 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 the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The size of the Property; the topography, wetland, and location of the adjacent home to the east create practical difficulties affecting the Property; the variances are necessary and not merely serve as a convenience to the owners. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-420 to allow development of the Property which has 100 feet in width at the ordinary high water level, and 120 feet in width at the 75 -foot setback where 200 feet is required; and variances to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new residence and in ground pool lakeward of the average lakeshore setback line, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated 07/17/17 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new