04-08-2019 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 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 located.” This condition is not applicable, as the use for a residential home is an allowed use in the LR-1B 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 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 Property’s nonconforming size and the relationship between the existing home and the setback of the adjacent properties create difficulties for the Applicants. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting lot area, lot width, hardcover, average lakeshore and lake setback variances are necessary for the preservation of the property right of the Applicants. 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 hardcover, lot area, lot width, average lakeshore setback and lake 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 requested variances for lot width, lot area, and setback are necessary, and do not merely serve as a convenience to the Applicants. 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 78-330 to allow redevelopment of a lot of record 0.7 acre in area and having 123 feet in width at the ordinary high water level (OHWL) and 111 feet in width at the 75-foot setback where 1.0 acre in area and 140 feet in width are required; and Section 78-1279 to allow construction of the home with a larger building envelope