11-14-2022 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7309 5 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The substandard lot size is not unique to the immediate neighborhood however in the past, 2965 Casco Point Road was separated from the original property at 2967 Casco Point Road and the separation resulted in a unique and awkward lot configuration and the extreme average lakeshore setback. The applicants wish to resolve the lot configuration. The nonconforming hardcover levels are existing. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting hardcover variances in this unique situation is not entirely contrary to the intent of the zoning chapter. The revised proposed level of hardcover is supported by practical difficulty and is not contrary to the intent of the zoning chapter. 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 level of hardcover is supported by practical difficulty and will not impair health, safety, comfort or morals, 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 hardcover variances are necessary, and may not merely serve as 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 78-1700 for the Abbott Property to permit 26.8% hardcover where 25% is permitted; and a variance to Orono Municipal Zoning Code Section 78-1700 for the Oare Property to permit 25.6% hardcover where 25% is permitted in conjunction with a Subdivision Exception, 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 03/08/2022 submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review.