07-10-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7383 4 B9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The challenge of the substandard lot size within the 2-acre zoning district is shared by the immediate neighborhood, however is unique within the LR-1A zoning district. B10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The legal buildable area of the lot is only 0.6% of the total lot area. Without variances the Property is unbuildable. The variances are necessary for the preservation and enjoyment of the Applicants. B11. “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 of the requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. B12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” Due to the extreme applied setbacks affecting the property, the variances are necessary and are not merely for convenience. 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 78-305 for a lot area variance to allow redevelopment of a substandard property; a front yard setback variance to permit a 27-foot front setback where a 50-foot setback is required; a side yard setback variance to permit a 10-foot side yard setback from the north, side lot line where a 30-foot setback is required; and a rear yard setback variance to permit a 34.7’ rear setback where a 50-foot setback is required; variances from Section 78-1279 to allow a 39-foot setback from the creek for the home where a 75-foot setback is required; and variances from Sections 78-1680 and 78-1700 to allow hardcover within the 75-foot creek supporting a new single-family home on the Property; subject to the following conditions: C1. Council approval is based on the entire record, above Findings. C2. The approved project shall conform to the survey by Otto Associates dated 05/25/2023 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. C3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review.