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���p CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> ti t G,� No. 6 9 5 2 <br /> �kESHO�� <br /> 3. The Property contains 0.48 acres in area and has a defined lot width of 64 feet. <br /> 4. By virtue of the RPUD zoning designation, the Property is within Tier 4 and hardcover is <br /> limited to 50 % according to the Stormwater Quality Overlay District. <br /> 5. Applicant has applied for the following variance[s]: <br /> a. Variance 1 Side Yard setback for Air Conditional Units <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 <br /> upon the health, safety and welfare of the community, existing and anticipated traffic <br /> conditions, light and air, danger of fire, risk to the public safety, and the effect on values <br /> of property 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 intent of the side yard setback regulation is to provide <br /> separation between the A/C unit and neighboring living spaces. The A/C unit is adjacent <br /> to one neighboring property that does not have windows that would be negatively <br /> impacted. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The proposed variance does not change a potential land use. <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 ownerin question proposes to use the property in a reasonable manner, <br /> however, the proposed use is not permitted by the official controls. <br /> The single family home is a reasonable use for the property. The City Council feels that <br /> the variance to place the A/C unit in the side yard is reasonable,given the width of the <br /> yard. <br /> b. The plight of the landowner is due to cir�umstances unique to his property not created <br /> by the landowner. <br /> The Landowner has no option to put the A/C in the side yard without impacting a <br /> drainage and utility easement or the side yard setback. <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> 2 <br />