Laserfiche WebLink
<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. 7527 <br /> <br />4 <br /> <br />8. “The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property.” The narrow building envelope impacted by the <br />lakeshore on three (3) sides of the property is unique to the 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 <br />land is located.” The Property is surrounded by lakeshore on three (3) sides. The location <br />of the existing structures and improvements, in relation to the setbacks defining the <br />allowed building envelope on site, is unique to the Property. This criterion is met. <br /> <br />10. “The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant.” The existing home on the property currently has <br />an at-grade patio. The proposal is for a grade-level deck to replace the patio resulting in <br />a reduction of the overall hardcover within the 75-foot lakeshore. Approval of the proposed <br />deck supports preservation of a substantial property right of the Applicant and impacts <br />their enjoyment of the Property. This criterion is met. <br /> <br />11. “The granting of the proposed variance will not in any way impair health, safety, comfort or <br />morals, or in any other respect be contrary to the intent of this chapter.” Granting the variance <br />does not impair health, safety, comfort or morals, and is not contrary to the intent of the <br />zoning chapter since the nonconforming setbacks and hardcover level will be improved <br />compared to the existing conditions. This criterion is met. <br /> <br />12. “The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty.” There are practical difficulties that <br />support the application as proposed. The variances requested for a new deck will <br />improve the overall hardcover and setbacks on the site. 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 <br />approval for the requested variances from Orono Municipal Zoning Code Sections 78-1279 and <br />78-1680 to allow the construction of a deck including hardcover within the 75-foot lakeshore <br />setback, subject to the 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 <br />by the Applicant and annotated by City staff (hereinafter the “Plans”), attached to this <br />Resolution as Exhibits A & B. <br /> <br />90