11-28-2022 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7313 4 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The lot size, detached garage location, and hardcover level are existing conditions which are not uncommon in the immediate neighborhood. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The location of the detached garage and hardcover level are existing conditions which are not unique to the Property. The Property’s substandard size creates difficulties which also apply to many of the properties in the same neighborhood. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Substantial property right is provided by the principal structure. The Applicant has indicted the proposed expansion of the existing home 18.3 feet into the rear setback and associated hardcover variance is necessary for the preservation of the Owners’ property rights. 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 variances in this unique situation will not adversely impact health, safety, comfort, or morals; nor will it be 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 narrowness and substandard size of the Property including proximity to Shadywood Road create practical difficulties affecting the Property. The variances for setback and hardcover are necessary, and do not merely serve as a convenience to the Owners. 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 78-350 to allow construction of a home addition 18.3 feet from the rear property line where a 30-foot setback is required; and a variance to Code Section 78-1700 to permit 3,097 square feet or 32% hardcover where 25% is allowed and 32.7% currently exists in conjunction with a home addition 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 05/18/2022 and revised on 09/29/2022 and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B.