08-13-2020 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 residential home is an allowed use in the LR-1C-1 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, depth, and unique configuration creates difficulties which also apply to many of the properties in the same neighborhood. The proposed hardcover level is not out of character. 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, depth, in addition to the unique configuration creates difficulties which apply to very few properties in the City. The neighboring property, 3260 North Shore Drive, has a similar landlocked challenge, however the owner of that property also owns the landlocked lot which provides driveway access, via an easement, to the Property. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting lot area and lot width variances are necessary for the preservation of the property right of the Applicants. The hardcover variance is requested to reasonably support the proposed home on the unique 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 variances for hardcover, lot width and lot area 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 for lot area, lot width, and hardcover are necessary, and do not merely serve as a convenience to the Applicants. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-370 to allow redevelopment of a nonconforming property with 11,540 square feet (0.26 acre) in area and 70 feet in width where 0.5 acre and 100 feet are required; and Sections 78-1288 and 78-1700 to permit 3,111 square