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sOAip CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> y. 4' NO. 6 9 1 0 <br /> t'kESHO‘'`` <br /> boathouse within 16 feet of the lake and may negatively impact the views into the property <br /> from the lake. Regarding the setback variances, this criterion is not met. <br /> The proposed reorientation of the lake access stair results in a decrease in 0-75' zone <br /> hardcover and is in harmony with the Ordinance. Regarding the hardcover variance, this <br /> criterion is met. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The variances resulting in expansions of the existing boathouse <br /> within the average lakeshore and 75-foot lake setbacks in a residential zone are <br /> inconsistent with the lake protection measures in place within the Comprehensive Plan. <br /> Regarding the setback variances, this criterion is not met. <br /> The proposed reorientation of the lake access stair results in a decrease in 0-75' zone <br /> hardcover and is consistent with the Comprehensive Plan. Regarding the hardcover <br /> variance, this criterion is met. <br /> 3. "Variances may be granted when the applicant for the variance establishes that there are <br /> practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in <br /> connection with the granting of a variance, means that: <br /> a. The property owner in question proposes to use the property in a reasonable manner, <br /> however, the proposed use is not permitted by the official controls. <br /> The reasonable use of the Property is established with the principal structure. The <br /> Applicant suggests that reasonable use extends to protection from insects and <br /> inclement weather. The request to permit expansion of the boathouse lakeward <br /> of the average lakeshore setback and within the 75-foot lake setback is not <br /> reasonable in that they have the right to reconstruct the boathouse in-kind at the <br /> substandard setbacks. The Council finds that insects and inclement weather do <br /> not represent practical difficulties. Regarding the setback variances, this criterion <br /> is not met. <br /> The lake access stair reorientation resulting in a reduction of hardcover is <br /> reasonable. Regarding the hardcover variance, this criterion is met. <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> The Applicant proposes to make improvements to an existing building to improve <br /> the comfort and functionality. The boathouse was not constructed by the current <br /> owners. There is nothing unique about the Property which requires the expansion <br /> 3 <br />