11-08-2004 Council Packet - Laserfiche WebLink

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a. The Planning Commission did not find significant hardship to allow new construction within 75’ of the OHWL as the additions could be constructed in conforming locations. 5. The City Cour.vii has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDHTONS Based upon one or more of the above findings, the Or«no City Council hereby grants variances to Orono Municipal Zoning Code Section 78-1288 Subdivision B to allow hardcover within the western 0-75’ setback zone for 420 s.f. or 4% where 755 s.f. or 7.3% currently exi*^*". and 0% is normally allowed and within the 75’-250’ setback zone for 2,448 s.f. or al% hardcover where 2,046 s.f. or 43% currently exists and 25% is normally allowed and denial of variances to Orono Municipal Zoning Code Sections 78- 1279 and 78-1288 Subdivision A to allow construction of home additions to encroach into the 0-75’ setback from the OUWL, subject to the following conditions; 1. Council approval is based on the site plan submitted by tne applicants and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan which arc not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the western 0-75’ zone shall not increase above the level of 4% or 420 s.f., and hardcover in the eastern 0-75’ zone shall not increase above the level of 26% or 1,431 s.f. (not including 864 s.f. of driveway which serves the property to the south). Hardcover in the 75-250’ zone shall be limited to 2,448 s.f or 51% Page 3 of6