Laserfiche WebLink
<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. ________________________ <br /> <br /> <br />Page 2 of 5 <br /> <br />FINDINGS OF FACT: <br /> <br />1. This application was reviewed as Zoning File #LA19-000011. The analysis contained <br />within staff memos and the exhibits attached to the aforesaid memos, all minutes from the <br />above mentioned meetings, and any and all other materials distributed at these meetings <br />are hereby incorporated by reference. <br /> <br />2. The Property is located in the LR-1C, One Family Lakeshore Residential Zoning District. <br /> <br />3. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater <br />Quality Overlay District. <br /> <br />4. Applicant has applied for the following variance[s]: <br />a. Hardcover variance exceeding 25%. <br />b. Rear setback variance. <br /> <br />5. In considering this application for variances, the Council has considered the advice and <br />recommendation of the Planning Commission and the effect of the proposed variances <br />upon the health, safety and welfare of the community, existing and anticipated traffic <br />conditions, light and air, danger of fire, risk to the public safety, and the effect on values <br />of property in the surrounding area. <br /> <br />ANALYSIS: <br /> <br />1. “Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance . . . .” The requested variances are to permit an <br />addition/expansion of a non-conforming building in the rear yard 1.2 inches from the rear <br />property line. The rear yard setback is established to provide for an open yard space and <br />to allow for maintenance of the building to occur without trespassing onto adjacent <br />properties. The requested variances to expand the footprint of the existing building are not <br />in harmony with the Ordinance. The additional mass of the proposed home within the <br />setback will increase the mass of the nonconforming home within 1.2 inches of the <br />property line and may negatively impact adjacent properties. Regarding the setback <br />variance, this criterion is not met. <br /> <br />The proposed change in nature of the nonconforming hardcover from a patio to building <br />footprint results in no increase in hardcover however increases the intensity of the <br />nonconformity and is not in harmony with the Ordinance. Regarding the hardcover <br />variance, this criterion is not met. <br />