04-10-2017 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 topography, lot width, and the home's proximity and orientation to the property line are special conditions unique to the Property. 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 east, the narrowness of the lot, the angle of the property lines from the road, 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 upward expansions, are severely limited on the Property. Staff finds the variance is necessary to preserve the property right of the applicants. 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 variances 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 width, 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 Owner. 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 78-330 to allow construction of a 16' x 16' addition to the existing home, on posts, 3 feet from the side lot line where a 10 foot setback is required, subject to the following conditions: 1 . Council approval is based on the survey dated January 23, 2017 by Schoborg Land Services 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.