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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 />3. The Property contains 1.85 acres in area and has a defined lot width of 140 feet. <br /> <br />4. Applicant has applied for the following variance: <br />a. Side Yard Setback <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 . . . .” The applicant is proposed to remodel and construct an <br />addition to the existing single family home on a residential lot, which is consistent with the <br />intent of the ordinance. <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 a new single family residence in <br />a residential zone are 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 /> <br />The applicant is proposing to use the property in a reasonable manner with the <br />construction on a single family home. There is limited space to construct a conforming <br />structure on the site due to the lots nonconforming size and width. <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br /> <br />The plight of the property owner is due to the existing substandard lot size and shape <br />and <br />c. The variance, if granted, will not alter the essential character of the locality.” <br />