#6765-variances-2017 - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6765 FINDINGS OF FACT: 1. This application was reviewed as Zoning File #17-3934. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the B-2 Lakeshore Business Zoning District. 3. Applicant has applied for the following variance[s]: a. Lake Setback Variance. b. Hardcover within 75 feet of the Lake. c. Street Setback Variance. d. Ground Clearance for Sign Copy Area. 4. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The variances requested are consistent with the general intent of and are in harmony with the Ordinance. The lake setback and hardcover variances are reasonable and necessary as the majority of the Property is within 75 -feet of the lake. The signage is proposed as far from the lake as can be reasonable and still be functional. 2. "Variances shall only be permitted .. . when the variances are consistent with the comprehensive plan." The variances resulting in a permit for construction signage supporting a marina within the commercial marina zone (B-2) are consistent with the Comprehensive Plan. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls.