03-11-2019 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 home on the Property and the neighboring homes are mostly in line and situated ±30 feet from the rear/street property lines resulting in a narrow area for improvements conforming to the average lakeshore setback line. This condition applies to the immediately adjacent properties. This criterion is met. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The home on the Property and the neighboring homes are mostly in line and situated ±30 feet from the rear/street property lines resulting in a narrow area for improvements conforming to the average lakeshore setback line. This condition applies to the immediately adjacent properties. This criterion is met. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” There is an existing home on the Property which includes limited lake yard area to construct a conforming screen porch. This criterion is met. 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 proposed screen porch is not out of character with the neighborhood. The unique shoreline and the cove area in front of the Property provide additional visual separation from the lake. This criterion is met. 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 variance would not be for the sole convenience of the Applicants. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants an after-the-fact variance to Orono Municipal Zoning Code Section 78-1279 to allow a 26’ x 26’ roofed, screen porch addition to encroach as much as 14 feet lakeward of the average lakeshore setback line; subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. Council approval is based on the survey dated 01/18/19 by W. Brown Land Surveying, Inc., and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review.