Resolution 7498 variance deck - Laserfiche WebLink

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liL.O Atp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL k$ 4�G NO. 7498 1cESHO 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 existing position of the home on the lot is unique to this 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 request is specific to this property as it is impacted by the existing location of the home. 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 existing home does not have outdoor living space in the form of a deck or patio.The existing home does not meet the required rear yard setback of 50 feet and therefore a new deck on the rear of the home would require a variance. The proposal will allow the property owner to enjoy their yard fully.Hardcover and street yard setbacks are met.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.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 deck for a single-family home that does not currently have outdoor living space. The requested setbacks of 24 feet from the rear and side yard setbacks are due to the'substandard size of the lot and placement of the existing home. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances from Orono Municipal Zoning Code Section 78-305 to allow the construction of a deck that encroaches into the rear and side yard setbacks: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the attached site plan and building plans submitted by the Applicant and annotated by City staff (hereinafter the "Plans"), attached to this Resolution as Exhibits A&B. 4