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<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 />3. The Property contains 45,933 square feet (1.05 acres) in area and has a defined lot width <br />of 140 feet at the OHWL, and 172 feet at the 75-foot setback. <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 />a. Average Lakeshore Setback Variance <br /> <br />6. In considering this application for variances, the Council has considered the advice and <br />recommendation of the Planning Commission and the effect of the proposed variances <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 . . . .” The requested average lakeshore setback variance is in <br />harmony with the Ordinance as the most adjacent neighbors are situated such that their <br />channel/lake views are not across the subject property and their views will not be impacted <br />by the improvements. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The variances resulting in a permit for construction of an addition to <br />an existing single family residence in a residential zone are consistent with the <br />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 /> <br />The request to permit construction of building and structural improvements <br />lakeward of the average lakeshore setback appears to be reasonable as the <br />owners of the adjacent properties have stated that they are not adversely <br />impacted; the mature vegetation, topography, and home orientation separate the <br />Property from the adjacent neighbors. <br />