05-13-2024 CC Agenda Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7475 4 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 area, lot width, and location of the existing structures 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.” The unique conditions of the property do not apply to other land or structures in the neighborhood or district. 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 subject property is very narrow as it is substandard for the district. The property is also currently over on hardcover. Although the proposal reduces overall hardcover, the requirement of 25% is not achieved. And therefore, variances are also required for lot area and lot width. The substandard lot and existing structures on the property are practical difficulties and without relief from the code, a new home on the property could not be built. 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. The proposed home will meet all required setbacks and the overall hardcover on the site will be reduced by over 1,000 square feet. 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, while improving the overall hardcover on the site from 33.9% to 29.6% total hardcover. The substandard lot size and existing conditions create practical difficulty when redeveloping the site. 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 78-350 and 78-1680 to allow the construction of a new single- family home with exceptions to lot area, lot width and 29.6% overall hardcover subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 114