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CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 6972 <br /> G <br /> `gxESHO4� <br /> 3. The Property contains 0.43 acres in area and has a defined lot width of 51 feet at the <br /> ordinary high water level and 67 feet at the 75-foot setback. <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 /> a. Average Lakeshore Setback. <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 variance is minimal and generally consistent with <br /> the intent of the ordinance. This criterion is met. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The requested variance is consistent with the residential goals <br /> within the comprehensive plan. 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 minimal changes to the reconstructed lakeside deck lakeward of the average <br /> lakeshore setback are reasonable on this residential property.This criterion is met. <br /> b. The plight of the landowneris due to circumstances unique to his property not created <br /> by the landowner. <br /> The Property's orientation; the distance separation between the subject home and <br /> the neighboring homes; the existing trees separating the homes on either side <br /> combined with the elevation in relation to the lake result in a unique circumstance <br /> allowing for the deck to be almost completely screened from the adjacent homes; <br /> and <br /> 2 <br />