Resolution 7670 Denying CUP Retaining Walls 1200 Wildhurst Trl

Home Browse Search

.‘7LO,A1O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti� G� NO. 7670 I�kESHO¢0 B9."The conditions do not apply generally to other land or structures in the district in which the land is located." Setback and shoreland restrictions apply uniformly to properties within the same zoning district. The Applicant has not demonstrated that the Property is subject to constraints materially different from other similarly situated residential lots. Absent evidence of unique physical limitations, the circumstances underlying the variance request appear common to properties in the district. Granting relief in this instance would therefore risk establishing a precedent inconsistent with the uniform application of the Code. This criterion is not met. B10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The Property is capable of reasonable residential use in compliance with applicable setback and shoreland standards. The requested variances relate to patio placement, retaining wall location, and accessory improvements, none of which are necessary to preserve the fundamental residential use of the Property. The Applicant has not demonstrated that denial would deprive them of a substantial property right enjoyed by others in the district. Rather, the request seeks to preserve specific constructed improvements in their current nonconforming locations. This criterion is not satisfied. 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."Shoreland setback and structural setback standards are intended to protect water quality, prevent erosion, preserve drainage patterns, maintain separation between structures, and safeguard neighborhood character. The Applicant has not provided sufficient engineering data, drainage analysis, or slope stability documentation for the City to determine that the retaining walls and related improvements within the shore setback area do not adversely affect erosion control or stormwater management. Without the requested supporting materials, the Council cannot affirmatively conclude that granting the variance would not impair health, safety, or the regulatory intent of the Chapter. Accordingly, this finding cannot be made in support of approval. B12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty."The record reflects that the improvements were installed without required approvals and that no additional materials were submitted to the Planning Commission after they requested further documentation. The Applicant has not demonstrated a practical difficulty arising from the land itself that necessitates the encroachments. Instead, the requested variances would allow retention of improvements constructed in noncompliance with the Code. Relief under these circumstances would function primarily as a convenience to the Applicant rather than as a remedy for demonstrable land-based hardship. This criterion is therefore not satisfied. 5