17-3997 Recorded Resolution - Laserfiche WebLink

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--- CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 8 3 2 NO. ________ _ 8 . "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The extreme curve of the shoreline results in the average lakeshore setback line encumbering the Property. The proximity of the existing home to the lake is an existing condition setback of the subject home and is generally not in character with the immediate neighborhood . This criterion is met. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The shoreline's curve results in the extreme average lakeshore setback which encumbers the Property. The proximity of the existing home to the lake is an existing condition; the setback of the subject home is not in character with all of the homes the immediate neighborhood. This criterion is met. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Due to the location of the house and the applied setbacks , no improvement which expand beyond the existing footprint and walls of the existing home can be conducted without variances. This criterion is met. 11 . "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 will not adversely impact health , safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12 . "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The shoreline, topography, and location of the subject home as well as the adjacent homes create practica l difficulties affecting the Property; the variances are necessary and not merely serve as a convenience to the owners. This criterion is met. 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 Section 78-1279 to allow modification of the roof within the 75-foot lake setback; and a variance to Orono Municipal Zoning Code Section 78-1279 to allow modification of the roof within 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 survey dated 02/17/2017 and building plans dated 12/13/2017 submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B . 4