02-20-2018 Planning Commission Packet

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FIV - 4 y � \kFSH�� CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6627 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." The use is permitted; this criteria is not applicable. 7. "The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." This criteria is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The Property is an existing lot of record and contains a large number of mature trees for screening. The topography increases as it moves away from the lake and the owner feels the proposed location is the most logical placement for a storage garage; and the proposed additions to the cabin are logical and will not adversely impact adjacent properties. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property is situated at the northwestern most point of the island. The proposal does not appear to be out of character with the area. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." This statement is true. 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." The proposed garage and cabin additions will not impair the health, safety, comfort or morals of the public. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." This statement is true. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to allow construction of a screen porch addition to the cabin 70 feet from the OHWL; and grants variances to allow construction of the following improvements lakeward of the average lakeshore setback: a screen porch addition to the north side of the cabin, an addition to the west and southwest side of the cabin, and a 25'x35' storage garage; and grants a variance to allow an additional 183 square feet of structural hardcover within the 0-75 foot zone for a total of 943 square feet of hardcover where no hardcover is permitted and 760 square feet currently exists, subject to the following conditions: Council approval is based on the survey by Kemper & Associates, Inc. dated 03/16/16 and building plans dated 04/19/16 submitted by the Applicants and annotated by City staff,