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CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 6975 <br /> G <br /> t�kFSHG�� <br /> 4. The Property contains 0.44 acres in area and has a defined lot width of 107 feet at the <br /> ordinary high water lever and 129 feet at the 75-foot setback. <br /> 5. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater <br /> Quality Overlay District. <br /> 6. Applicant has applied for the following variance: <br /> a. Rear Yard (Street) Setback Variance <br /> 7. 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 rear yard setback variance is consistent with the <br /> general intent of the Ordinance. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan."The variance for an addition to a residence in a residential zone 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 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 request to permit construction of an addition within the rear yard setback <br /> appears to be reasonable as the owners of the adjacent properties have stated <br /> that they are not adversely impacted; the mature vegetation and topography <br /> separate the Property from the County road. <br /> b. The plight of the landowneris due to circumstances unique to his property not created <br /> by the landowner. <br /> The sub-standard setback and size of the Property were not the result of actions by <br /> the landowner. The home is set within the rear yard setback as a result of the <br /> 2 <br />