02-11-2019 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The applicant states that the variance is necessary to preserve their right to improve their home and 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.” Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 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 average lakeshore setback severely limits the options for improving the property/home; the granting of the requested variance is necessary to alleviate a practical difficulty resulting from the location of the existing home, the orientation and location of the neighboring homes, the depth of the lake yard, and the channel character of the lake shoreline. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-1279 to allow construction of an addition to the lake side of the home and an open sided pergola 33 feet lakeward of the average lakeshore setback on the Property, subject to the following conditions: 1. Council approval is based on the site plan annotated by staff and building plans submitted by the Applicants, attached to this Resolution as Exhibits A & B. Any amendments to the plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed hardcover levels are conforming to the Tier 1 standards and no hardcover variances are granted. 3. Submittal of an updated existing conditions survey showing the proposed improvements shall be required for the building permit application. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for addition and pergola and commencing construction of said project. A framing inspection must be completed for the addition within one year of the date of Council approval, or the variance will expire on that date (February 11, 2020).