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<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 />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 /> <br />4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater <br />Quality Overlay District. <br /> <br />5. Applicant has applied for the following variance: <br />a. Average Lakeshore Setback. <br /> <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 /> <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 /> <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 landowner is 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