05-13-2024 CC Agenda Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7476 4 property within the RS zoning district apply to the property and to the immediate neighbors which support the requested variances. B9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The Property’s width, which is between 102 and 99 feet, isn’t uncommon as many of the properties on the Island are the result of the combination of historic 50- foot-wide lots into groups of 2 or 3. However, the width measurement, the angle of the shoreline, and the slight trapezoidal shape of the Property are unique characteristics within the 5-acre RS zoning district. B10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting the requested setback variances provides a reasonable buildable area on the substandard Property. Denying the proposed 8.7-foot separation between the existing 25-square-foot shed/outhouse building and the proposed cabin would impact a substantial property right of the Applicants. 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 of the requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. B12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The relatively narrow lot within the RS district reflects a limited building area to construct a reasonably sized, new seasonal cabin on the site. Granting the requested variances is necessary to alleviate a difficulty. 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 Section78-570 to allow reduced side yard setbacks, 26.9’ on the north and 26.5 feet on the south where 30 feet is required; and Section 78-1438 to allow an 8.7 foot separation between the new cabin and an existing shed/outhouse where a 10 foot setback is required, subject to the following conditions: C1. Council approval is based on the entire record and, the above Findings. C2. The approved project shall conform to the survey dated July 20, 2023, and revised on May 9, 2024, and the building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. DRAFT140