Resolution 7527 Variance 865 Partenwood Rd

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�-OATO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� NO. 7527 t-fkESHO48 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property."The narrow building envelope impacted by the lakeshore on three(3) sides of the property is unique to the 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 Property is surrounded by lakeshore on three (3) sides. The location of the existing structures and improvements, in relation to the setbacks defining the allowed building envelope on site, is unique to the Property. This criterion is met. 10. "The granting of the application is necessary for the preservation-and enjoyment of a F substantial property right of the applicant."The existing home on the property currently has an at-grade patio. The proposal is for a grade-level deck to replace the patio resulting in a reduction of the overall hardcover within the 75-foot lakeshore. Approval of the proposed deck supports preservation of a substantial property right of the Applicant and impacts their enjoyment of the Property. 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 variance does not impair health, safety, comfort or morals, and is not contrary to the intent of the zoning chapter since the nonconforming setbacks and hardcover level will be improved compared to the existing conditions. 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."There are practical difficulties that support the application as proposed. The variances requested for a new deck will ' improve the overall hardcover and setbacks on 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 approval for the requested variances from Orono Municipal Zoning Code Sections 78-1279 and 78-1680 to allow the construction of a deck including hardcover within the 75-foot lakeshore setback, subject to the following conditions: 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