11-12-2019 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 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 residence and garage are allowed uses in the LR-1C 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 substandard size and orientation with respect to the lakeshore, and adjacent properties creates difficulties which also apply to many of the properties in the same 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 substandard size, dual lakeshore frontage, topography, Fagerness Point Road, and adjacent properties creates difficulties which also apply to many of the properties in the same 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 are necessary for the preservation of 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 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 variances do not merely serve as a convenience to the Applicants. The variances are necessary as the Property has considerable practical difficulties affecting development. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variance to Orono Municipal Zoning Code Sections 78-350 to allow the attached garage addition to be set back 5.2 feet from the side 5.7 feet from Fagerness Point Road; and Section 78-1279 to allow construction of additions to the home, a reconfigured, reconstructed attached garage, and lakeside balcony (on the west side) within the average lakeshore setback and within the 75-foot setback from the OHWL; and Section 78-1680 to allow 1,804 square feet of hardcover