10-18-2004 Planning Packet - Laserfiche WebLink

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The Planning Ccnimission reviewed this application at a public hearing held on July 19, 2004 and recommended approval of the variances based on the following findings: French Lake is a Natural Environment lake which requires a 150* setback from the OHWL. The existing home is located approximately 50* from the OHWL. entirely within the required 150’ setback Prior to the adoption of the Shoreland Ordinance in 1992 establishing a 150* setback from Natural Environment lakes, the home was subject to only a 26* wetland setback, at which lime all structures were in a conforming location The applicant has proposed to a net reduction of 1.2% hardco\cr witliin the 0-75* zone. Tire City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the co.mmunity. 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 serxe as a convenience to the applicant, but is necessar)’ to alleviate a demonstrable hardship or difficulty; is necessary to preserxe a substantial property right of the applicant, and would be in keeping with the spirit atKl intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the p'*'*vc findings, the Orono City Council aereby grants variances to Orono Munic'*'al Zor : Code S^ons 78-1279 Subdivision I, and 78-1288 Subdivision A to allow iiardcover within the 0-75* setback zone of 8% where 9.2% currently exists and a lake setback variance to allow* decks to be set back 45* from Page 2 ofS i.