10-14-2019 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 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 a residential home is an allowed use in the LR-1B 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 property’s orientation and the setback from the lake of the adjacent home creates difficulties for the Applicant to improve the property consistent with the homes in their neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property’s relationship between the existing home and the setback of the adjacent properties create difficulties for the owners. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting an average lakeshore variance is necessary for the preservation of 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 in this unique situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The requested variance is necessary, and does not merely serve as a convenience to the applicant. 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 for two new decks on the lake and rear side of the home forward of the average lakeshore setbacks, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated 8/12/2019 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review.