10-09-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7408 4 proposed hardcover level is an improvement from the existing condition and is not out of character. B9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The Property’s substandard area and width, combined with the challenges resulting from the narrow roadway create difficulties which apply to few properties in the City. The immediate neighboring properties have similar challenges. B10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The proposed size of the home is below the 20% structural coverage limit. Granting of the lot area, lot width, and hardcover variances are necessary for the preservation of the property right of 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 variances for lot area, lot width, and hardcover in this 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.” Without variances the Property is unbuildable. The variances for lot area, width, and hardcover are necessary, and do not merely 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 78-350 to allow redevelopment of the nonconforming lot 0.28 acre in area and 52 feet in width where 0.5 acre and 100 feet of width are required; and a variance from Orono Municipal Zoning Code Section 78-1700 to permit 35.5% hardcover where 25% is required and 44.4% currently exists, in conjunction with redevelopment of the Property, 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 August 23, 2023 and revised on August 30, 2023 and building plans submitted by the Applicant 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.