Laserfiche WebLink
<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 /> <br />3. The Property contains 4.65 acres in area and has a defined lot width of 120 feet. <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 />To allow a 6 foot tall fence to be locate din the street yard, not adjacent to a County <br />or State Highway. <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 upon <br />the health, safety and welfare of the community, existing and anticipated traffic conditions, <br />light and air, danger of fire, risk to the public safety, and the effect on values of property <br />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 City determines that the 6 foot tall fence in the <br />street yard is in harmony with the intent of the Ordinance which is to balance the <br />privacy needs of property owners on busy streets with the desire to preserve a natural <br />streetscape environment in residential neighborhoods. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” An addition of a fence to a property with an existing home is <br />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 <br />in 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 use of a fence is a reasonable accessory use within the LR-1A District. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner.