04-08-2019 Council Packet - Laserfiche WebLink

Home Browse Search

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 orientation with respect to the lakeshore, and the setback from the lake of the adjacent homes creates difficulties for the Applicants in redeveloping the Property consistent with the homes in their neighborhood. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The location of the existing garage, the access easement on the northwest side of the Property, the orientation and location of the neighboring homes, width of the property, the topography and access to the garage are unique conditions affecting the Property. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The location of the existing garage, the orientation and location of the neighboring homes, the Property’s width, access easement, the topography and access to the garage are unique conditions affecting the Property. 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.” The Applicant states that the variance is necessary to preserve their right to improve the Property. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The application of the setback requirements in conjunction with lot’s width and topography limit the options for locating a conforming building; the granting of the requested variance is necessary to alleviate a practical difficulty resulting from the location of the existing garage, the orientation and location of the neighboring homes, the access easement, width of the Property, the topography and access to the garage. CUP ANALYSIS The Council finds that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed detached garage improvement including the plumbing fixtures are compliant with the zoning ordinance.