09-11-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7400 4 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as a residential home is a permitted use in the LR-1B District. 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 substandard lot size, substandard lot width, and existing conditions of the property 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 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 will maintain a similar rear yard setback, but to improve the required lake setbacks. The proposed home will be in compliance with the average lakeshore setback and the 75-foot lake setback. The overall hardcover will also 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 the existing home, while improving some of the nonconformities. 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 78-330, 78-350, and 78-1680 to allow the construction of a new single family home with exceptions to lot area, lot width, 27.2 % overall hardcover and 28.1’ rear yard setback subject to the following conditions: