11-14-2016 Council Packet - Laserfiche WebLink

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c. The variance will not alter the essential character of the locality. The proposed improvement and resulting setbacks appears to be consistent with the character of the neighborhood. Homes on the west side of Crestview are setback 25-32 feet, homes on the east side are setback 20-50 feet from Crestview, with the subject parcel currently 57 feet, and proposed to be 41 feet. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The existing home impacts the location of future additions. The home is currently set back further than most other homes on the street. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The applicant suggests that the regulations, intended for 2 acre lots, imposed on his lot create a practical difficulty. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The proposed improvement for bedrooms and a bathroom are reasonable in nature, and placement elsewhere on the lot does not avoid a variance. 7. 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. There is no evidence to suggest the variance, if granted, would negatively impact the intent of the zoning ordinances. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The owner has been in the home for 9 years, suggesting that the applicant has attempted to make do with the home in its current state, and did not enter into the need for a variance frivolously or out of convenience. 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 78-305 and 78-1403 in order to allow the construction of a new single family residence, subject to the following conditions: 1. Council approval is based on the survey/site plan and building plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits A and B. Page 3 of 6