06-24-2019 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 the use for an Oversize Accessory Structure is an allowed use in the PRD/ RR -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. No special conditions apply to allow for a larger oversize accessory building then what is permitted. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The subject lot is conforming, and consistent with neighboring properties. The applicant has not shown unique conditions applicable to the request. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The rights of the property owner are maintain through the use of the principal residential structure and the accessory building. The desire to make a larger than permissible accessory building is not a protected right. 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 applicant states allowing the variance will increase safety and health for the applicant because they won't have to worry about their possessions. The applicant's statement can be met by also following the City Code preventing the need for a variance. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant has stated they need the addition to allow for trailer storage due to theft and vandalism. The applicant has concerns regarding safety and security of their possessions, which can be satisfied with conforming accessory buildings. The request for a variance does not establish any demonstrable difficulty unique to the property. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby denies a variance to Orono Municipal Zoning Code Section 78-1434 to allow a 1,432 sq ft accessory structure, subject to the following conditions: 1. Council denial is based on the entire record, above Findings. ADOPTED by the Orono City Council on this 24th day of June, 2019.