10-12-2020 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The street adjacent to this lot is at a substantially higher elevation than the home. The slope conditions and orientation of the access to the busy roadway do not generally apply to the other properties in the LR-1C district. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The owners indicate that granting the hardcover variance is necessary for safe egress from the Property which preserves their property 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.” Granting a hardcover variance to allow for a safer driveway in this 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 practical difficulties inherent to the lot’s topography, narrowness and depth, and limited shared driveway access to the high traffic roadway support the variance. The granting of the variance would alleviate safety concerns for the owners, rather than convenience. This criterion is met. 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 78-1288 and 78-1700 to allow 25.7% hardcover where 25% is the maximum allowed, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the annotated as-built survey dated 06/19/2019 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. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a zoning permit for the new driveway paving and commencing construction of said project. The paving must be completed within one year of the date of Council approval, or the variance will expire on that date (October 12, 2021).