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4. <br />5. <br />a. The proposed improvements amount to a renovation rather than a <br />rebuild. <br />b. No new hardcover is proposed. Because existing hardcover exceeds <br />the normal limits, it would be appropriate to require removal of <br />nonessential nonconfom. ng hardcover including 2 sheds. <br />c. The revised .oof line above the garage does not result in an expansion <br />of living space within the substandard setback but allows for better <br />management of roof runoff. <br />d. The improvements proposed will take place within the existing <br />footprint. <br />The City Council has considered this application including the findings <br />and recommendation of the Planning Commission, reports by City staff, <br />comments by the applicants and the public, and the effect of the proposed <br />variances on the health, safety and welfare of the community. <br />The City Council finds that the conditions existing on this property are <br />peculiar to it and do not apply generally to other property in this zoning <br />district; that granting the variances would not adversely affect traffic <br />conditions, light, air nor pose a fire hazard or other danger to neighboring <br />property; would not merely serve as a convenience to the applicants, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicants; and world be in <br />keeping with the spirit and intent of the Zoning Code and Comprehensive <br />Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants variances to Orono Municipal Zoning Code Sections 78-350 (B), 78-1279 (6), 78- <br />282, and 78-1288 to allow a side setback of 5.6 ’ when 10 ’ is required and 5.6 ’ currently <br />exists, a 10 foot encroachment on the average lakeshore setback, and a hardcover <br />variance to permit 42% hardcover m the 75 ’-250 ’ zone when 25% is nonnally allowed <br />and 42% currently exists in order to replace an existing ‘/j story with a full 2"** story and <br />to change sections of roof that are currently flat to pitched, all while staying within the <br />existing footprint, subject to the following conditions: <br />Page 2 of5 <br />ii <br />i