#6779-variances-2017 - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OFF THE CITY COUNCIL NO. M 77 9 SH0�� 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is looted."This condition is not applicable, as the use for a residence is an allowed use in the LRA C District. 7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling."This condition is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property."The wetland, high water table, the narrowness and shallow depth of the buildable area of the Property create difficulties unique to the Property. 9. "The conditions do not apply generally to other land or structures in the district in which the land is looted." The wetland, high water table, the narrowness and shallow depth of the buildable area of the Property create difficulties unique to the Property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."Staff finds this condition to be true. 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 substandard area and width of the Property; its wetland and location of the existing home and garage create practical difficulties affecting the Property; the variances are necessary and do not merely serve as a convenience to the owner. 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 Section 78-350 to allow a new home to be constructed on a property 0.18 acre in area and 50 feet in defined width where 0.5 acre and 100 feet in width are required; a variance to Orono Municipal Zoning Code Section 78-350 to allow a new home to be constructed 18 feet from the front lot line where a 30 foot setback is required; a variance to Orono Municipal Zoning Code Section 78-350 to allow construction of a new home 4.2 feet from the side lot line where a 7.5 foot setback is required; and a variance to Orono 4