09-11-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7399 4 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The existing nonconforming deck and the position of the property in relation to the neighboring homes is unique. The subject property has only one neighbor determining and impacted by the average lakeshore setback. The neighbor to the south is oriented away from the subject home and there is a dense vegetative screen between properties. The neighboring property will not have their lake view impacted by the proposed addition. 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.” The request is specific to this property as it relates to an existing nonconforming deck. 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 proposed addition within an existing footprint preserves the property owner’s right to enjoy the lakeyard. The minor expansion does not negatively impact the neighboring properties or their views of the lake. 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 variance allows for the construction of a screened in porch addition on the footprint of an existing deck that protrudes 5 feet into the average lakeshore setback. A variance is needed for the vertical expansion. The proposed addition will allow the current property owners to fully use and enjoy the current footprint. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance from Orono Municipal Zoning Code Sections 78-1279 to allow the construction of an addition 75 feet from the OHWL within the average lakeshore 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.