10-09-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7414 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 existing conditions of the property including the existing location of structures, septic system, topography and vegetation are unique conditions to this specific property. This criterion is met. 9.“The conditions do not apply generally to other land or structures in the district in which the land is located.” While the surrounding properties are similar in size, the topography and location of the existing structures on the property are unique to the subject property. This criterion is met. 10.“The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The existing home is in a nonconforming location. The proposal is to construct a new single-family home in a similar location and maintain the current setbacks. However, the house size will be reduced and the overall hardcover will be reduced on the site. This criterion is met. 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 variances will not adversely impact health, safety, comfort, or morals of the community. This criterion is met. 12.“The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The variances allow for the construction of a new home in a similar location to that of the existing home. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-1279 and 78-1680 to allow the construction of a new single family home with exceptions to build within the required 150-foot lake setback including new hardcover and retaining walls within the lake setback subject to the following conditions: 1.Council approval is based on the entire record, above Findings. 2.The approved project shall conform to the attached site plan and building plans submitted by the Applicant and annotated by City staff (hereinafter the “Plans”), attached to this Resolution as Exhibits A & B.