08-26-1985 Council Packet - Laserfiche WebLink

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City of ORONO RESOLUTION OF THE CITY COUNCIL NO. D) Planning Commission recommended that a partial variance be granted. The sidewalk between the patio and the lake should be removed, leaving 318 square feet of hardcover or 4.9% in the 0-75' setback area. 4. The City Council reviewed this application on July 22, 1985, and August 12, 1985 and made the following additional findings: A) The applicants have not shown an adequate hardship to justify the granting of a variance to :allow the existing excessive amounts of hardcover to remain in the 0-75' setback area, because this is new construction and with proper planning the need for a variance could have been avoided. B) The applicants do have a hardship based on. the small lot size (0.38 acre in a 2-acre zone), which unusually small lakeshore lot was allowed by the City to be created in order to reduce the intense use of Stubbs Bay by the marina which previously occupied the property. C) The remainder of the property, in the 75-250' lakeshore setback zone, contains only the driveway, sidewalks and house as hardcover, constituting 3,869 square feet or 38.7% hardcover. This amount of hard- cover, although exceeding the normal limits, is neces- sary to the safe and reasonable use of the property. D) The applicants have submitted an alternate proposal for a patio which encroaches only 5' into the 0-75' lakeshore setback area, and after removal of the existing patio and portion of sidewalk between the existing patio and the lake, constitutes approximately 110 square feet of hardcover in the 0-75' setback area, or 1.7%, and will increase the 75-250' hardcover by 125 square feet, or up to 4,018 square feet or 40.0%. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 9