#6646-variances-2016 - Laserfiche WebLink

Home Browse Search

CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. "646 2. The Property is located in the LR -1A zoning district, where 2.0 acres is the minimum lot area and 200 feet is the minimum lot width. The Property has approximately 258,818 square feet (5.94 acres) in area and has over 680 feet in width at the OHWL and over 700 feet at the 100 -foot setback. 3. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. The proposed plan results in 10.7% hardcover. 4. Applicant has applied for the following variances: a. Lake setback variance b. Average iakeshore setback variance 5. 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: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance..." The variances to allow construction of an in - ground pool are in harmony with the zoning code; the requested setback variances on this Property are generally consistent with the intent of the ordinance. 2. "Variances shall only be permitted... when the variances are consistent with the comprehensive plan." This statement is true; the requested variances are in line with the residential goals within the comprehensive plan. 3. "Variances maybe 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. The variance requests are residential in nature and are reasonable considering the unique nature of the neighborhood with significant separation between the neighboring properties as well as the elevation difference between the pool location and the lake.