09-12-2022 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7283 4 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting a lake setback variance to allow the retaining walls within the 75-foot lake setback to be reconstructed with an expanded footprint is reasonable, is a better solution long-term, and is necessary to preserve the rights of the owner. The variance is supported by the vulnerable slope on the 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 lake yard setback variance allowing the retaining walls within the 75-foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. 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 walls within the lake yard will continue to preserve the integrity of the slope and there is no conforming location to install the retaining walls which would protect the slope. Preserving the existing wall support is necessary for the protection of the slope and the lake. 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 78-1279 to allow construction of new retaining walls and lake access stair less than 75-feet from the OHWL where retaining walls are not normally permitted, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the revised wall plans dated August 15, 2022 submitted by the Applicant 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 permit for the new construction and commencing construction of said project. A permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (September 12, 2023).