Resolution 7613 Variance 1530 Orchard Beach

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�O�O C OF ORONO RESOLUTIONITYNO. 7613 OF THE CITY COUNCIL � `4kESHo�� B8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property; the Property is adjacent to right-of-way to the west, which extends to the average lakeshore setback to 129 feet. The depth of the lakeyard increases significantly from west to east due to the curves of the shoreline; and B9. The conditions do not apply generally to other land or structures in the district in which the land is located; the conditions of this property do not apply to other land or structures in the general area. The combination of unique shoreline of the Property and the adjacency to right- of-way presents a challenge for the Owner. The proposed accessory building was located outside of neighboring sightlines, but is located within the average lakeshore setback; and B10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant; the Applicant has proposed a reasonable accessory building in a location that meets the intent of the average lakeshore setback, while not meeting the defined measurement. The difficulty placed on the Owner, as a result, does not allow for preservation, nor enjoyment of their rights as a landowner; and 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; the average lakeshore setback is to protect the lakeviews of adjacent property owners. The Applicant sighted the accessory building outside of lakeviews of adjacent owners,meeting the intent of the average lakeshore setback; and B12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty; the granting of the requested variance would alleviate a demonstratable difficulty placed on the Applicant. The Applicant has demonstrated that, although the proposed accessory building is located within the average lakeshore setback, the lakeviews from neighboring residences will not be impacted. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby approves the variance to Orono Municipal Zoning Code Section 6.12.6240 to construct a new accessory building within the average lakeshore setback. C1. Council approval is based on the entire record, above Findings. C2. The approved project shall conform to the site plan submitted by the Applicant, attached to this Resolution as Exhibits A. 4