08-14-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7393 4 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 the requested variance in this unique situation is not contrary to the intent of the zoning chapter. B12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The property has an existing patio and can support a deck extending approximately 8-feet from the home. However, the permitted depth would not be functional, the Applicants have provided documentation indicating that the requested variance is the minimum necessary, and does not merely serve as a 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 78-1279 to allow construction of a lakeside deck to encroach approximately 6.5 feet lakeward of the average lakeshore setback line; 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 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. C4. 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 building permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (August 14, 2024).