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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 />2. The Property is located in the RR-1A Zoning District. <br /> <br />3. The Property contains 4.86 acres in area and has a defined lot width of 329 feet. <br /> <br />4. The Property is exempt from the Stormwater Quality Overlay District regulations. <br /> <br />5. Applicant has applied for the following variance <br />Front Yard setback, permitting an accessory building to be located within 20 feet of the front <br />property line, where a 100 foot setback is required. <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 the <br />health, safety and welfare of the community, existing and anticipated traffic conditions, light and <br />air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding <br />area. <br /> <br />ANALYSIS: <br /> <br />1. “Variances shall only be permitted when they are in harmony with the general purposes and intent <br />of the ordinance . . . .” A detached garage as an accessory use to a single family home is in <br />harmony in the RR-1A district. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive <br />plan.” A detached garage as an accessory building in a single family zone is consistent with <br />the comprehensive plan. <br /> <br />3. “Variances may be granted when the applicant for the variance establishes that there are practical <br />difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with <br />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 use of the property for the single family home with a detached garage is <br />reasonable for the RR-1A district. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not created by the <br />landowner. <br />The applicant has stated this to be true due to the existing structures on the lot and <br />the unique topography located in the front yard of the property. <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.”