Resolution 7417 Variance 2795 Shadywood

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7417 CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants the following: • A variance to Orono Municipal Zoning Code Section 78-330 to allow development of a nonconforming lot with 33,042 square feet in area where 43,560 square feet is required; and 137 feet at the lake on the west side where 140-feet is required; • A variance to Section 78-1279 to allow construction of a new home 13.5 feet from the Narrows Channel and 71 feet from the lake where a 75-foot setback is required; • A variance to Section 78-1279 to allow construction of a lake side deck 71 feet from the lake which encroaches 6.5 feet lakeward of the average lakeshore setback line; • A variance to Section 78-1680 to allow 4,587 square feet of hardcover within the 75-foot setback where no hardcover is permitted and 5,166 square feet currently exists in conjunction with redevelopment of the property; and • A conditional use permit pursuant to Orono Municipal Zoning Code Section 78-1125 to allow flexibility on the sides of the home from the required 15-foot rescue elevation bench due to the Property's narrow width, according to the approved plans, Subject to the following conditions: D1. Council approval is based on the entire record, above Findings. D2.The approved project shall conform to the survey dated 08/10/23, revised on 10/05/2023 by Otto and Associates and annotated by the Applicant on November 6, 2023 and the building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. D3. Trees or other vegetative screening acceptable to the City which has, upon full -growth, the ability to screen the home from the channel shall be planted. The trees shall be shown on the plans submitted for permit and will be required to be in place prior to release of building permit escrow. D4.Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. D5. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A building permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (November 13, 2024). 7