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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 />2 <br /> <br />FINDINGS OF FACT: <br /> <br />1. This application was reviewed as Zoning File #LA18-000086. The analysis contained <br />within staff memos and the exhibits attached to the aforesaid memos, all minutes from the <br />above mentioned meetings, and any and all other materials distributed at these meetings <br />are hereby incorporated by reference. <br /> <br />2. The Property is a newly created lot located in the LR-1B One Family Lakeshore <br />Residential Zoning District. <br /> <br />3. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater <br />Quality Overlay District. <br /> <br />4. Applicant has applied for an Average Lakeshore Setback Variance. <br /> <br />5. 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 /> <br />1. “Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance . . . .” To meet the Code defined average lakeshore setback, <br />the proposed home would be set back approximately 140 feet from the OHWL. The <br />setback pushes a new home into a narrow portion of the Property and the resulting lake <br />yard is deep and would be out of conformance with the immediate neighborhood. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The proposal to construct a single family house in this zoning district <br />is consistent with the comprehensive plan. The Property does not impact adjacent <br />properties direct views of the lake and is 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 />The proposed home will be located further from the lake than the home which <br />previously existed on the Property (before the recent combination and platting).