03-08-2021 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 shoreline, the existing driveway with the easement, and existing hardcover are conditions unique to the Property. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The location of the existing improvements/home, the location of the neighboring homes in line with the subject home along the shoreline, the existing driveway with the easement, and existing hardcover are unique conditions affecting the Property. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The Owner has provided statements indicating that the granting of the variances are necessary for their enjoyment and preservation of their property rights. 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 will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The application of the average lakeshore setback on the Property severely limits the options for expanding and/or improving the home on the lake side; the granting of the requested variances are necessary to alleviate a practical difficulty resulting from the location of the existing home in relation to the neighboring homes. The existing hardcover exceeds permitted levels; the Owner’s proposed removals will result in a 47 square foot reduction. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance from Orono Municipal Zoning Code Section 78-1279 to allow construction of a new lakeside deck approximately 9 feet lakeward of the average lakeshore setback line as shown on the survey attached as Exhibit A; and variance from Orono Municipal Zoning Code Section 78- 1700 in order to reduce the hardcover from 34.1% to 33.8% (5,240 square feet) in conjunction with construction of a new deck, 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 February 12, 2021, and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B.