07-11-2022 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7270 5 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The Applicants propose changes to the lot line which will bring substandard elements of the Properties closer to conformity with the zoning code. The lot width limitations are common to the neighborhood but as it relates to the Applicants’ properties provide unique limitations as to each Property Owners particular use of their lots. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The substandard lot width is not unique to the immediate neighborhood, but as it relates to the Applicants’ properties provide unique limitations as to each Property Owners particular use of their lots The Applicants wish to bring several of the substandard lot conditions closer to conformance of the city code. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The property owners indicate that the Properties have historically been maintained by the owners in accordance with the desired lot line change, due to the unique topography of the lots. Granting the lot width variances to allow a lot line adjustment is consistent with how the properties have been used which will better protect the rights of the property owners. 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 granting of a lot width variance to a permit boundary line adjustment on nonconforming properties is not in conflict with the intent of the comprehensive plan and zoning chapter, and will further the goals of protecting against overcrowding at the lakeshore in this zoning district. Furthermore, the decrease in hardcover at 3683 North Shore Drive serves to mitigate the impacts of hardcover runoff and improve storm water management for the property 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The Applicants have stated the variances are necessary due to the historic use and maintenance of the properties. This action is not a convenience, but serves to conform the properties due to their practical use by the property owners. 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 78-350 for lot width on Property A and Property B, subject to the following conditions: 1. Council approval is based on the entire record, above Findings.