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CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 695 7 <br /> G <br /> <1.05 <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 proposed variances are in harmony with the <br /> purpose of the Ordinance. The Property includes difficulties in its small size and width, <br /> manipulated topography, and proximity to the lake. The property is also challenged by <br /> Crystal Bay Road which runs through the lake yard. The average lakeshore setback is <br /> proposed to be met protecting views of the lake for adjacent properties. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The proposed variances to develop a nonconforming lot of record <br /> are 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 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 request to permit construction of the home on the substandard lot, in the <br /> proposed location within the lake, and rear yard setbacks, appears to be somewhat <br /> reasonable as the Property's diminutive size and it's orientation with respect to the <br /> lakeshore, Crystal Bay Road, and adjacent properties create difficulties. The <br /> hardcover level, grade correction, and encroachments proposed within the lake <br /> yard appear to be reasonable. <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> The uniquely small size, location with respect to the lake and roadway, and <br /> required setbacks prevent a residential footprint consistent with the neighborhood. <br /> The proposed hardcover level and necessary grade correction are unique to the <br /> Property. <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> The variances are requested in order to permit construction of a home designed <br /> to fit the character of the neighborhood according to the submitted information, <br /> 3 <br />