02-12-2018 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 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. A deck lakeward of the home is a customary improvement in this area. 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." 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 topography and location of the adjacent home to the east create practical difficulties affecting the Property; The applicant was working within the footprint of the existing encroaching deck but is slightly taller creating a new encroachment; the variances are necessary and not merely serve as a convenience to the owners. 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 78-1279 to allow the construction of the deck within the average lakeshore setback, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated 11/08/2017 submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 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 the construction and commencing construction of said project. An inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (February 12, 2019). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein.