03-11-2019 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The proposed variances are in harmony with the purpose of the Ordinance. The Property includes difficulties in its small size and width, manipulated topography, and proximity to the lake. The property is also challenged by Crystal Bay Road which runs through the lake yard. The average lakeshore setback is proposed to be met protecting views of the lake for adjacent properties. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The proposed variances to develop a nonconforming lot of record are consistent with the comprehensive plan. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of the home on the substandard lot, in the proposed location within the lake, and rear yard setbacks, appears to be somewhat reasonable as the Property’s diminutive size and it’s orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties create difficulties. The hardcover level, grade correction, and encroachments proposed within the lake yard appear to be reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The uniquely small size, location with respect to the lake and roadway, and required setbacks prevent a residential footprint consistent with the neighborhood. The proposed hardcover level and necessary grade correction are unique to the Property. c. The variance, if granted, will not alter the essential character of the locality.” The variances are requested in order to permit construction of a home designed to fit the character of the neighborhood according to the submitted information.