Resolution 1165 - Laserfiche WebLink

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4. Dr. Seifert has stated that the four dwellings were built and have been occupied continuously since before 1949. 5. The first zoning of this property by the then Village of Orono in 1950, established this area as a "resi- dential" district but did not limit the use to "single family" residential uses. The 196'� ordinance adopted by the Village of Orono established the R-1D single family residential half- acre district which imposed requirements upon the use of the property similar to the LR-1C use district which was adopted in 1974 . Therefore, as of September 14, 1967, if not before, the multiple use of the property and the property itself was non-conforming. The city has no record of and Dr. Seifert has not applied for any occupancy certificate at any time since this provision was added to the Municipal Code. 6. The expansion of the principal building on said property as proposed constitutes an expansion of a non-conform- ing use and for which use a certificate of occupancy has not been granted. Such expansion is specifically prohibited by �31. 109 of the Orono Mur�icipal Code. The city has never granted a variance to that section of the Municipal Code. _ 7 . An additional variance is necessary for the con- struction of the proposed addition in that there is already an excessive amount of hardcover on said property in violation of the municipal ordinance. 8. Said property is also non-conforming in that the rental unit adjacent. to the lake is approximately 16 feet from the shoreline and the Municipal Code of the City of Orono requires a setbacl� of 75 feet. � 9. The granti,ng of any variance normally would not be granted to allow for yet another intensification of the use of a substandard lot because such intensification is: A. Adverse to the comprehe�sive plan of the city; B. In conflict with the specific performance standards of the Zoning Code; C. In conflict with the intents and purposes of the Zoning Code; , ..� - D. Any expansion to the principal structures would help to delay the time in which the property and use thereof could be made conforming unless the appellant agrees to reduce the non-conforming features of the use. 10. Normally the City Council applies the well-estab- lished rule that non-conforming uses are to be restricted -2-