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O* <br />IIIIL'' <br />Arp CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />yNO. 683 3 <br />KESHo4 <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 variances: <br />a. Lot Area Variance; <br />b. Lot Width Variance; <br />c. Variance for Hardcover within the 75-foot setback; <br />d. Lake Setback Variance; and <br />e. Average Lakeshore Setback Variance. <br />6. In considering this application for variances and conditional use permits, the Council has <br />considered the advice and recommendation of the Planning Commission and the effect of <br />the proposed variance upon the health, safety and welfare of the community, existing and <br />anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the <br />effect on values of property in the surrounding area. <br />VARIANCE ANALYSIS: <br />1. "Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance . . . ."The lot width and area variances requested are consistent <br />with the general intent of the Ordinance. The requested average lakeshore setback <br />variances is in harmony with the Ordinance as the lake views enjoyed by the adjacent <br />neighbors will not be impacted by the new home. The lake setback and hardcover <br />variances are reasonable and necessary as the highest points of the Property for <br />construction of the home above the 1% annual chance floodplain are located toward the <br />lake. <br />2. "Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan."The variances resulting in a permit for construction of a single family <br />residence in a residential zone 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 portions of the proposed home lakeward of <br />the average lakeshore setback appears to be reasonable as the owners of the <br />adjacent properties have stated that they are not adversely impacted; the existing <br />3