02-12-2018 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 2. The Property is located in the LR -1 B One Family Lakeshore Residential Zoning District. 3. The Property contains 0.68 acres in area and has a defined lot width of 87 feet at the 75 foot lake yard setback. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Average Lakeshore Setback Variance 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance .... The proposed deck addition will add 7 feet on the living room deck creating a 96.9 foot setback from the lake and the master bedroom deck will add 3.75 feet to the existing deck creating roughly 105 feet setback from the lake. The deck will marginally interfere with the sightlines of the neighbors meeting the intent and purpose for the average lakeshore setback with is a sightline setback for the lake as the most impacted neighbor, to the north is blocked by the corner of the house, this neighbor would see only the new deck. This criteria is met. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variance resulting in a permit for construction of a deck in a residential zone are consistent with the Comprehensive Plan. This criterion is met. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The owner proposes to install Improvements which are residential in nature and reasonable from a residential scope. This criterion is met.