09-25-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7404 2 FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA23-000042. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1B One Family Lakeshore Residential Zoning District. 3. The Property contains 11,157 square feet in area and has a defined lot width of 60 feet at the 75- foot lakeshore setback and a lot width of 60 feet at the OHWL. 4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Bluff Setback 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The proposed variance is in harmony with the purpose of the Ordinance. The proposed deck and patio expansion will not be any closer to the top of bluff than the existing deck. The proposed deck is carefully designed with the bluff in mind and is expanded toward the rear of the property, away from the bluff line. Additionally, the proposal includes removal of illegal hardcover, bringing the lot into conformance with the hardcover requirements. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The proposed variance is consistent with the comprehensive plan. The comprehensive plan emphasizes the protection of natural resources and limiting hardcover. The proposed deck and patio will maintain the existing setback from the bluff. The expansion will be towards the rear of the property, away from the bluff. The proposal also includes the removal of illegal hardcover within the bluff setback, which is consistent with the comprehensive plan. This criterion is met.