01-09-2017 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 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." 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." Due to the lakeshore setbacks there does not appear to be enough width available on the Property to result in a functional width home which conforms to the 15 -foot fill requirement. The nearly in-kind reconstruction of the existing detached garage is located in a logical spot on the Property. The site constraints serve as a practical difficulty. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances to the following: • Orono Municipal Zoning Code Section 78-330 to allow redevelopment of the Property which has a lot area of 36,785 square feet where 43,560 square feet is required; a lot width of 127' measured from the channel to the side lot line where 140' in width is required; and a rear setback of 24 feet for the new detached garage where a 30 foot setback is required; and • Zoning Code Section 78-1125 to allow fill material to extend less than 15 feet from the house elevated above the floodplain on fill; and • Zoning Code Section 78-1279 and 78-1680 to allow 1,665 square feet of hardcover including the detached garage to be constructed 40 feet from the OHWL where a 75 foot setback is required; and Zoning Code Section 78-1434 to permit the reconstruction of an existing nonconforming building with an upward expansion to increase the total peak height 3.5 feet, subject to the following conditions: 1. Council approval is based on the survey by Advance Surveying & Engineering Co., dated October 28, 2016 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. 2. 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 new construction and commencing construction of said project. A framing inspection must be