02-13-2017 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7. "The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." This condition is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The size of the Property is not conforming to the LR -1 C area or width standards. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property is similar in size to but on the small end of the range of the immediately adjacent property areas. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The Applicants have indicated the variances are necessary. 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." Due to the narrow width of the lot, the variance to allow the 1.3 foot encroachment for the principal structure may be reasonable as the existing detached garage is currently close to the property line. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The location of the existing structure and the width of the lot are practical difficulties which support the requested setback variance. 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 78-350 to allow the existing detached garage to be attached to the principal structure resulting in a 1.3' side setback for the house where a 10 foot setback is required, subject to the following conditions: 1. Council approval is based on the survey dated January 30, 2017 by Gronberg and Associates, 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