06-12-2017 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as a generator to support a residential use is an allowed use in the LR -1A District. 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 unique shape and orientation of the Property is not common in the surrounding neighborhood. The topography and the island - like nature of the Property creates increased difficulties which drive the location of the Generator toward the lake. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The unique shape and peninsula qualities of the Property are not common in the surrounding neighborhood. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting the requested variances will provide relief to the Applicant regarding the lot shape, topography, and wetland on the Property. 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 shape and orientation of the Property; the topography and wetland create practical difficulties affecting the Property; the variances are necessary and not merely serve as a convenience to the owners. 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 78-1279 to allow construction of a 4 - foot by 8 -foot concrete pad to support a Generator, 26 feet from the ordinary high water level where a 75 -foot setback is required; and a variance to Orono Municipal Zoning Code Section 78- 1605 to allow construction of a Generator within 30 feet of a wetland where a 35 -foot setback is required; and a variance to Orono Municipal Zoning Code Section 78-1680 to allow construction