Resolution 7426 Variance 1513 Bay Ridge Rd deck

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vOAT CITYNO. 7OF426 ORONO RESOLUTION OF THE CITY COUNCIL r G 4kEsH0°' located." This condition is not applicable, as a residential deck improvement is an allowed use in the LR-1A District. B7."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. B8."The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property."The home location, the Property's topography and orientation with respect to the lakeshore and the adjacent homes create difficulties for the Applicant in improving the property consistent with the homes in their neighborhood on the lake side. B9."The conditions do not apply generally to other land or structures in the district in which the land is located."The linear shoreline and generally linear placement of neighboring homes applies to the other homes in the immediate neighborhood. The neighboring home to the south is considerably set back from the lake than the Applicant's home and the home on the north side of the Property resulting in an extreme setback condition. B10."The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."The Applicant has stated it is necessary for the preservation of the property right of the owners. B11."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 after-the-fact variance in this unique situation is not contrary to the intent of the zoning chapter. B12."The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty."The Property had an existing deck in the same footprint. The stair configuration is new however does not impact views of the lake for the neighbors. The variances are necessary and does not merely serve as a convenience. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-305 to allow reconstruction of a deck approximately 8-inches taller than existing with new guard railings, 8.5-feet from the south property line where a 12-foot setback is required; and Zoning Code Section 78-1279 to allow reconstruction of a deck approximately 8-inches taller than existing, new guard railings, and a reoriented staircase within the average lakeshore setback, subject to the following conditions: 4