Resolution 7654 Variance Accessory Building 755 Tonkawa Rd

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Az.O.A CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7654 "lkESHO B9. The conditions do not apply generally to other land or structures in the district in which the land is located; the conditions of the Property do not apply generally to other land or structures within the district. The varying distances between principal buildings and the lakeshore on the adjacent properties has a substantial impact on the building envelope of the Property, given the lack of visual impact the proposed building will have on the adjacent properties; and B10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the Applicant; the granting of a variance for the proposed accessory building is necessary for the preservation and enjoyment of the owner's property rights. The proposed building will not impact lake views, but is impacted by the setback in place to protect lake views; 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 granting of a variance to construct the proposed building will not impact the health, safety, comfort and morals of other residents in the area. The variance meets the intent of the average lakeshore setback where the lake views on adjacent properties will not be impacted; 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 is reasonable and would alleviate a difficulty placed on the Owner. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance from Orono Municipal Zoning Code Section 6.12.6240 for a 148-square-foot accessory building to be constructed 139 feet lakeward of the average 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 building plans and survey submitted by the Applicant, attached to this Resolution as Exhibits A and B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the owners, but are permissive only and must be exercised by obtaining a permit for the sauna building and 4