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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 />3 <br /> <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 proposed variances are in harmony with the purpose <br />of the Ordinance. The lot includes difficulties in its substandard size and width, location of <br />adjacent homes, and the existing home’s proximity to the lake. The average lakeshore <br />setback variance will not further impact views of the lake for adjacent properties. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The proposed variances to develop a nonconforming lot of record <br />are 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 the home on the substandard lot, in the <br />proposed location within the lake and average lakeshore setbacks, appears to be <br />somewhat reasonable as the Applicants are proposing to build within the existing <br />lakeside footprint, the Property’s nonconforming size, and the neighboring homes’ <br />orientation with respect to the lakeshore, and adjacent properties creates <br />difficulties. The hardcover level, and building encroachments proposed within the <br />lake yard and average lakeshore setback do not exceed existing setbacks and do <br />not appear to be unreasonable. <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 nonconforming lot size, the existing home’s location with respect to the lake <br />and the neighboring home locations prevent a residential footprint consistent with <br />the neighborhood. The proposed overall hardcover level is conforming. The <br />circumstances are unique to the Property; and <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” <br /> <br />The variances are requested in order to permit construction of a home designed <br />to fit the character of the neighborhood according to the submitted information.