02-27-2017 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 home as constructed in 1963 met the 100 foot setback. As a result of the taking of the land to reorient Sixth Avenue (County Road 6), it is now at a nonconforming setback on the Property. The proposed improvements will not increase the footprint nonconformity within the setback. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The topography, which drops off steadily as you move north and northwest, the substandard area of the lot, as well as the nonconforming location of the home on the lot make the Property unique. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Options for conforming expansions of living space, including going upward, are limited on the Property by the septic system location and challenges, front setback requirement, and topography. The variance is necessary to preserve the property right of the Applicant. 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 variance 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 lot area, the location and size of the existing home, as well as site topography, create practical difficulties affecting the Property; the variance is necessary and will not merely serve as a convenience to the Applicants. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Code Section 58-47 to permit one septic treatment site where two septic treatment sites are required; and a variance to Orono Municipal Zoning Code Section 78- 395 to allow a second story expansion over the footprint of the home 76 feet from the front property line where a 100 foot setback is normally required; subject to the following conditions: 1. Council approval is based on the survey dated 01/12/17 by Gronberg and Associates and building plans submitted by the Applicants and annotated by City staff, attached to this