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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. ________________________ <br /> <br /> <br />2 <br /> <br /> <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 /> <br />5. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater <br />Quality Overlay District. <br /> <br />6. Applicant has applied for the following variance: <br />a. Rear Yard (Street) Setback Variance <br /> <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 /> <br />ANALYSIS: <br /> <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 /> <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 /> <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 /> <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 /> <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br /> <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