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04-08-2024 CC Agenda Packet
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04-08-2024 CC Agenda Packet
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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. 7465 <br /> <br />4 <br /> <br />8. “The special conditions applying to the structure or land in question are peculiar to such property or <br />immediately adjoining property.” The substandard lot size, substandard lot width, and existing <br />conditions of the property are unique conditions to this specific property. This criterion is met. <br /> <br />9. “The conditions do not apply generally to other land or structures in the district in which the land is <br />located.” The subject property is smaller in size than most of the neighboring properties. Additionally, <br />the location of the existing structures on the property are unique to the subject property. This criterion <br />is met. <br /> <br />10. “The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant.” The existing detached garage is in a nonconforming location and <br />proposed to remain. The proposal is to connect the existing detached garage to the new home and thus <br />requiring primary building setback variances. Without the approval of the front and side yard setback <br />variances, the applicant would not be able to connect to the existing building. This criterion is met. <br /> <br />11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, <br />or in any other respect be contrary to the intent of this chapter.” Granting the requested variances will <br />not adversely impact health, safety, comfort, or morals of the community. This criterion is met. <br /> <br />12. “The granting of such variance will not merely serve as a convenience to the applicant, but is <br />necessary to alleviate demonstrable difficulty.” The variances allow for the construction of a new <br />home that is connected to an existing building on site. The new home is designed to meet all other <br />setbacks and restrictions of the zoning district. Without the approval of the front and side yard <br />setback variances, the existing detached garage structure could not be connected to the home. The <br />site is substandard in both size and width and requires a creative design. This criterion is met. <br /> <br /> <br />CONCLUSIONS, ORDER AND CONDITIONS: <br /> <br /> Based upon one or more of the above findings, the Orono City Council hereby grants variances to <br />Orono Municipal Zoning Code Sections 78-350 to allow the construction of a new single family home with <br />exceptions to lot area, lot width, a 20 foot front yard setback and a 2.4 foot side yard setback subject to the <br />following conditions: <br /> <br />1. Council approval is based on the entire record, above Findings. <br /> <br />2. The approved project shall conform to the attached site plan and building plans submitted by the <br />Applicant and annotated by City staff (hereinafter the “Plans”), attached to this Resolution as <br />Exhibits A & B. <br /> <br />147
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