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Resolution 7313
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Resolution 0001-7547
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Reso 7300 - 7399 (October 10, 2022 - September 11, 2023
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Resolution 7313
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1/10/2023 3:59:45 PM
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11/29/2022 2:56:45 PM
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sLOAT CITY OF ORONO <br /> 1014 RESOLUTION OF THE CITY COUNCIL <br /> NO. 7313 <br /> 8. "The-.special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property." The lot size, detached garage location, and <br /> hardcover level are existing conditions which are not uncommon in the immediate <br /> neighborhood. <br /> 9. "The conditions do not apply generally to other land or structures in the district in which the <br /> land is located." The location of the detached garage and hardcover level are existing <br /> conditions which are not unique to the Property. The Property's substanda <br /> rd size crea <br /> tes <br /> difficulties which also apply to many of the properties in the same neighborhood. <br /> 10. "The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant." Substantial property right is provided by the <br /> principal structure. The Applicant has indicted the proposed expansion of the existing <br /> home 18.3 feet into the rear setback and associated hardcover variance is necessary for <br /> the preservation of the Owners' property rights. <br /> 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or <br /> morals, or in any other respect be contrary to the intent of this chapter." Granting the⢠<br /> variances in this unique situation will not adversely impact health, safety, comfort, or <br /> morals; nor will it be not contrary to the intent of the zoning chapter. <br /> 12. "The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty." The narrowness and substandard size of <br /> the Property including proximity to Shadywood Road create practical difficulties affecting <br /> the Property. The variances for setback and hardcover are necessary, and do not merely <br /> serve as a convenience to the Owners. <br /> CONCLUSIONS, ORDER AND CONDITIONS: <br /> Based upon one or more of the above findings, the Orono City Council hereby <br /> grants a variance to Orono Municipal Zoning Code Section 78-350 to allow construction of a home <br /> addition 18.3 feet from the rear property line where a 30-foot setback is required; and a variance <br /> to Code Section 78-1700 to permit 3,907 square feet or 32% hardcover where 25% is allowed <br /> and 32.7% currently exists in conjunction with a home addition subject to the following conditions: <br /> 1. Council approval is based on the entire record, above Findings. <br /> 2. The approved project shall conform to the survey dated 05/18/2022 and revised on <br /> 09/29/2022 and building plans submitted by the Applicant and annotated by City staff, <br /> attached to this Resolution as Exhibits A & B. <br /> 4 <br />
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