11-12-2024 CC Agenda Packet - Laserfiche WebLink

Home Browse Search

CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7526 4 B10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Applying the setbacks on the Property results in a limited building area. Without variances much of the Property is not usable. The variance is necessary to preserve the owner’s property rights. 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 variance will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the 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 application of the average lakeshore setback severely limits the options for improving the property/home; the granting of the requested variance is necessary to alleviate a practical difficulty resulting from the location of the existing home, the orientation and location of the neighboring homes, the depth of the lake yard, and the channel character of the lake shoreline. 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 78-1279 to allow construction of a deck lakeward of the average lakeshore setback, subject to the following conditions: C1. Council approval is based on the entire record, the above Findings. C2. The approved project shall conform to the site plan and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. C3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. C4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A building permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (November 12, 2025). C5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. 106