06-12-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7371 4 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The request is specific to this property as it relates to an existing nonconforming deck. This criterion is met. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.”. The proposed expansion of the nonconforming deck preserves the property owner’s right to enjoy the lakeyard. The minor expansion does not negatively impact the neighboring properties or their views of the lake. This criterion is met. 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 requested variances will not adversely impact health, safety, comfort, or morals of the community. This criterion is met. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The variances allow for the construction of an expanded deck in order for it to be used and enjoyed by the current property owners. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance from Orono Municipal Zoning Code Sections 78-1279 to allow the expansion of a deck 97 feet from the OHWL within the average lakeshore setback subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the attached site plan and building plans submitted by the Applicant and annotated by City staff (hereinafter the “Plans”), attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (June 12, 2024).