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‘1.OAtp CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> •A Gam* NO. 6942 <br /> t�kEsHO <br /> 3. The Property contains 4.65 acres in area and has a defined lot width of 120 feet. <br /> 4. The Property is within Tier 1 and hardcover is limited to 25 %according to the Stormwater <br /> Quality Overlay District. <br /> 5. Applicant has applied for the following variance: <br /> To allow a 6 foot tall fence to be locate din the street yard,not adjacent to a County <br /> or State Highway. <br /> 6. In considering this application for variance, the Council has considered the advice and <br /> recommendation of the Planning Commission and the effect of the proposed variance upon <br /> the health,safety and welfare of the community,existing and anticipated traffic conditions, <br /> light and air, danger of fire, risk to the public safety, and the effect on values of property <br /> in the surrounding area. <br /> ANALYSIS: <br /> 1. "Variances shall only be permitted when they are in harmony with the general purposes <br /> and intent of the ordinance . . . ." The City determines that the 6 foot tall fence in the <br /> street yard is in harmony with the intent of the Ordinance which is to balance the <br /> privacy needs of property owners on busy streets with the desire to preserve a natural <br /> streetscape environment in residential neighborhoods. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." An addition of a fence to a property with an existing home is <br /> consistent with the comprehensive plan. <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 <br /> in 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 use of a fence is a reasonable accessory use within the LR-1A District. <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> 2 <br />