02-25-2019 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 3. The Property contains 0.48 acres in area and has a defined lot width of 64 feet. 4. By virtue of the RPUD zoning designation, the Property is within Tier 4 and hardcover is limited to 50 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Variance 1 Side Yard setback for Air Conditional Units 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The intent of the side yard setback regulation is to provide separation between the A/C unit and neighboring living spaces. The A/C unit is adjacent to one neighboring property that does not have windows that would be negatively impacted. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The proposed variance does not change a potential land use. 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 single family home is a reasonable use for the property. The City Council feels that the variance to place the A/C unit in the side yard is reasonable, given the width of the yard. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The Landowner has no option to put the A/C in the side yard without impacting a drainage and utility easement or the side yard setback. c. The variance, if granted, will not alter the essential character of the locality.”