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LW <br />CITY of ORONO <br />// RESOLUTION OF THE CITY COUNCIL <br />:4 NO. 62x6 <br />the variance would not adversely affect traffic conditions, light, air nor pose a fire <br />hazard or other danger to neighboring property; would not merely serve as a <br />convenience to the Developer, but is necessary to alleviate a practical difficulty; <br />is necessary to preserve a substantial property right of the Owner; and would be <br />in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan <br />of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby grants the <br />following: a variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a <br />new residence on a lot with an area of 11,752 feet (0.26 acres) and a defined width of <br />approximately 60 feet where 43,560 square feet (1.0 acre) and 140 feet of width are normally <br />required; a variance to Orono Code Section 78-1279(2) to allow construction of a new residence <br />12 feet from the top of bluff where a 30 foot setback is normally required; a variance to Orono <br />Code Section 78-1279(2) to allow construction of an elevated deck 2 feet from the top of bluff <br />where a 30 foot setback is normally required; a variance to Orono Code Section 78-1279(3) to <br />allow the proposed home to encroach 10 feet into the 20 foot bluff impact zone; a variance to <br />Orono Code Section 78-1279(3) to allow the proposed elevated deck to encroach entirely within <br />the 20 foot bluff impact zone; and a variance to Orono Municipal Zoning Code Section 78-330 to <br />allow a 10 -foot side street setback for the home from the adjacent unimproved alley right-of-way <br />and a 10 -foot setback from said alley for a lake side deck where a 35 -foot setback from the alley <br />is normally required in conjunction with the construction of anew residence in conjunction with <br />the construction of a new home, subject to the following conditions: <br />1. Council approval is based on the survey and building plans submitted by the Developer <br />and annotated by City staff, attached to this Resolution as Exhibits A and B. Any <br />amendments to the plans which are not in conformity with City codes will require further <br />Planning Commission and City Council review. <br />2. Hardcover shall not increase above the allowed level of 2,938 square feet (25%) for this <br />Tier 1 property. <br />3. The Developer will provide an analysis of the vegetative stability of the bluff performed <br />by a qualified third party, and agrees to comply with recommended vegetative bluff <br />stabilization measures as necessary prior to the issuance of the Certificate of <br />Occupancy. <br />4. The site grading must not extend past the limits indented on the approved grading <br />plan, attached as Exhibit A. <br />Page 4 of 6 <br />