09-18-2023 Planning Commission Packet

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 7 NO. J 2 8 4 7. "The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." This condition is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The shape of the shoreline as well as the setback from the lake of the adjacent homes creates difficulties for the Owners in redeveloping the Property consistent with the homes in their neighborhood. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property's shoreline orientation, and the relationship between the existing home and the setback of the adjacent properties create difficulties for the owners. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The Applicant has proposed a home which has been designed to be sensitive to the existing views of the lake for the property to the south. The proposed location will offer a greater opportunity for stormwater management on the street side of home. The Applicant states that granting the average lakeshore setback variance is necessary for the preservation of the property right of the Owner. 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 variance in this unique situation is not contrary to the intent of the zoning chapter. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The Property's shoreline orientation, and the relationship between the existing home and the setback of the adjacent properties create difficulties for the owners. The proposed home location partially within the average lakeshore setback appears to be reasonable as the proposed home location will preserve lake views from adjacent properties as well as allow for better stormwater management on the street side of the Property benefitting the neighborhood. 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 new home 173 feet from the OHWL where the applied average lakeshore setback is 210 feet; subject to the following conditions: 1. Council approval is based on the entire record, above Findings.