03-13-2017 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property's location on the lake is unique and applies primarily to this Property; the application of the setback requirement combined with the challenges of the flood hazard area restrict the ability to improve the Property without a variance, creating a practical difficulty. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The guest cabin can be reconstructed in kind. However, the minimal relief from the ordinance allows for functional improvements to the footprint, retaining the character of the lot and are consistent with the existing cabin. Relating to the average lakeshore setback, this condition 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." The proposed project will not impair the health, safety, comfort, or morals of the public. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Granting of the variance will resolve and alleviate a demonstrated practical difficulty caused by the application of the average lakeshore setback applied to the Property. CONDITIONAL USE PERMIT ANALYSIS On the basis of the application and the evidence submitted, the City Council finds that the proposed use at the proposed location is or will be: 1. Consistent with the community management plan; Relating to both the CUP for elevation on piers, and the guest house use, the proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The guest cabin is in a nonconforming location, however requested variance, if granted would make the proposed improvement compliant with the zoning ordinance. 3. Adequately served by police, fire, roads, and stormwater management; Relating to both the guest house use and the elevation of the guest house on piers, the proposed uses will be adequately served by existing services and facilities. 4. Provided with an adequate water supply and sewage disposal system; Staff believes this criterion is met.