Resolution 7426 Variance 1513 Bay Ridge Rd deck

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CITY OF ORONO O RESOLUTION OF THE CITY COUNCIL CrA' NO. 7426 -ikEsHO-ti FINDINGS OF FACT: Al. 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. A2. The Property is located in the LR-1A One Family Lakeshore Residential Zoning District. A3. The Property contains 0.89 acres in area and has a defined lot width of 112 feet at the OHWL and at the 75-foot lake setback. A4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. A5. Building Permit RAS23-000034 was issued on July 5, 2023 to reconstruct the deck. A6. During construction the Applicant made modifications to the deck which were a departure from the original deck construction which resulted in expansions to the volume and footprint requiring variances. A7. Applicant has applied for the following after-the-fact variances: a. Average Lakeshore Setback Variance b. Side Yard Setback Variance A8. 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: B1."Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." The Property includes difficulties in its topography and the orientation of adjacent homes. The average lakeshore setback variance will not further impact views of the lake for adjacent properties. The impact to the side yard setback is minimal. 2