10-09-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7411 4 B10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Removal of the encroachment will result in a significant impact to the owners. 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.” Removing the encroachment will result in significant impacts to the existing home likely requiring a significant structural redesign, according to the builder; therefore, the requested variance is necessary and would not serve as a convenience to the applicant. 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 a six-foot encroachment of the home and roofed porch 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 dated 09/20/2023 by Gronberg and Associates submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 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 (October 9, 2024). C5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein.