Laserfiche WebLink
<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. 7400 <br /> <br />2 <br /> <br />FINDINGS OF FACT: <br /> <br />1. This application was reviewed as Zoning File #LA23-000039. The analysis contained within staff <br />memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned <br />meetings, and any and all other materials distributed at these meetings are hereby incorporated by <br />reference. <br /> <br />2. The Property is located in the LR-1B One Family Lakeshore Residential Zoning District. <br /> <br />3. The Property contains 15,509 square feet in area and has a defined lot width of 98 feet at the 75- <br />foot lakeshore setback and a lot width of 98 feet at the OHWL. <br /> <br />4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality <br />Overlay District. <br /> <br />5. Applicant has applied for the following variances: <br />a. Lot Area <br />b. Lot Width <br />c. Hardcover <br />d. Rear Yard Setback <br /> <br />6. In considering this application for variances, the Council has considered the advice and <br />recommendation of the Planning Commission and the effect of the proposed variances upon the <br />health, safety and welfare of the community, existing and anticipated traffic conditions, light and <br />air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding <br />area. <br /> <br />ANALYSIS: <br /> <br />1. “Variances shall only be permitted when they are in harmony with the general purposes and intent <br />of the ordinance . . . .” The variances for the construction of a new single-family home on a <br />substandard parcel are supported by practical difficulties. A portion of the existing home and deck <br />extend beyond the average lakeshore setback and 75-foot lake setback. The proposed new home <br />has been moved further back from the lake in order to meet the required lake setbacks. The existing <br />conditions of the property are not compliant with the required hardcover maximum of 25%. The <br />proposed project will reduce the hardcover from 28.5% to 27.2% and therefore will bring the lot <br />closer to conformance. The existing home is currently nonconforming with the rear yard setback <br />requirement of 30 feet. The applicant is requesting to maintain the existing 28.1’ setback. The <br />construction of a new home is in harmony with the general intent of the Ordinance due to the <br />practical difficulties of the substandard lot size, substandard lot width, and existing conditions <br />present. This criterion is met.