Resolution 7606 Variance Second Story 1390 Rest Point Rd

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sLOATO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� �,4- NO. 7606 !,q'FESHOF, B8."The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property."The Property's short depth, the existing home location and proximity to the lakeshore, and the relationship to adjacent homes create difficulties for improving the Property consistent with the homes in their neighborhood. B9."The conditions do not apply generally to other land or structures in the district in which the land is located." The Property's substandard area and width, shallow depth, the location of the existing home, adjacent homes, and the home's proximity to the lake create difficulties for the owners B10."The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting the setback variances to construct a 2nd story over the existing footprint is necessary for the preservation of the owners' 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 variances in this unique situation is not contrary to the intent of the zoning chapter. B12."The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty."The requested variances are necessary and do not merely serve as a convenience to the owners. 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 Sections 6.12.1450 and 6.12.6240 to allow construction of a 2nd story addition to the home over the existing footprint 20.7 feet from the rear property line and 67 feet from the OHWL, and a minimal increase in the height of the grade- level deck 54 feet from the OHWL, subject to the following conditions: C1.Council approval is based on the entire record, above Findings. C2.The approved project shall conform to the survey dated 10/25/2021 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 that do not conform to City codes may require additional review by the Planning Commission and City Council. 4