05-13-2019 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The Property’s substandard size and width, create difficulties which also apply to many of the properties in the same neighborhood. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The Property’s substandard size and width, create difficulties which also apply to many but not all of the properties in the same neighborhood. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting front and side yard setback variances and the driveway setback variance is necessary for the preservation of the property right of the Applicant. 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 driveway setback, side yard, and front yard setback variances in this unique situation is not contrary to the intent of the zoning chapter. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The variances for setback are necessary, and do not merely serve as a convenience to the Applicant. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance from Orono Municipal Zoning Code Section 78-350 to allow a garage addition and 2nd story additions 3.4 feet from the east property line where a 7.5 foot setback is required; and a variance from Section 78-350 to allow an open, covered porch entry roof 23 feet from the front lot line where a 30 foot setback is required; and a variance from Section 78-1405 to allow a driveway one foot from the west property line where a 5 foot setback is required;, 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 02/07/19 and building plans submitted by the Applicant 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.