08-22-2016 Council Packet - Laserfiche WebLink

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Page 4 of 6 B4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property is used as a public park. This classification is peculiar to the subject parcel and not applicable to other lots in the zoning district. B5. The conditions do not apply generally to other land or structures in the district in which the land is located. The unique conditions do not generally apply to other land or structures in the district. The majority of land developed within the wetland and shoreline districts are single family residential. Approving a variance for public park improvements would not apply directly to other land uses. B6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The ordinance provisions were drafted primarily to apply to the predominant land use in the city, single family residential. Applied to a park use, the enjoyment of the property is threatened because the ideal park and open space incorporates vegetation, slopes, wetlands, and water features. The fencing proposed is the minimal amount necessary to grant relief from the ordinance while preserving a substantial right of the property owners. B7. 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 fence as proposed will not block views from neighboring properties, and due to its design and distance from the lake, will not be visually impactful from the lake. The fence is not located along the northern property line, further negating any impact to these property owners and maintain wildlife passage. B8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Location of the fence at the setback and at the necessary height is not merely a convenience, it is the planned efficient use of city resourc es to create a desirable experience for park users. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-420 in order to allow the construction of 47 inch high, woven wore fences with metal or wooden posts within the150’ lake yard and within the 35 foot wetland setback and buffer area, subject to the following conditions: 1. Council approval is based on the survey/site plan submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the approved survey/site plan and building plans which are not in conformity with City codes will require further Planning Commission and City Council review.