01-24-2022 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7247 4 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.” True, the unique conditions applying to this property are specific 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 existing condition of the nonconforming home location on the Property is specific to the Property. The setback is out of character. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The Applicant states the project is necessary for the preservation of their property right. The revised plan results in a 2nd story expansion of the living space providing a 10-foot setback which is more reasonable yet would still require a setback variance. 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.” The proposed revised 10-foot setback is supported by practical difficulty and 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 proposed massing encroachment over the existing footprint has been stepped into the Property 10-feet is not merely a convenience to the Applicants. 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 78-330 to allow construction of a 2nd floor addition 10-feet from the Property line and additions to the footprint to expand the home toward the south, within the 35-foot front yard setback, according to the revised plans and 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 and revised building plans dated 01/04/2022 submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B.