07-09-2018 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. increases as it moves away from the lake and the owner feels the proposed improvements are necessary for access and are logical and will not adversely impact 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 property is situated at the northwestern most point of the island. The applicant's proposal does not appear to be out of character with the area. The slope is beginning to erode and walkway have become unsafe creating conditions which do not apply to 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." Granting a lake setback variance to allow the retaining walls within the 75 -foot lake setback and hardcover in the lakeyard is reasonable and necessary to preserve the property rights of the owner for access and supported by the vulnerable lake yard slope on 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." Granting the lakeyard setback variance and hardcover variance for allowing the retaining walls and hardcover within the 75 -foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The applicant has demonstrated practical difficulties which support granting the lakeyard setback and hardcover variances to permit the construction of a retaining wall and hardcover access improvements within 75 feet of the OHWL. This statement is true 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 78-1680 and 78-1279 to allow for hardcover and a retaining wall in the 75 foot lake yard setback, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. The approved project shall conform to the site plan and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A.