04-09-2018 Council Packet - Laserfiche WebLink

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C= OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. The Property contains 0.43 acres in area and has a defined lot width of 135.56 feet. 4. The Property is within Tier 3 and hardcover is limited to 35 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Rear yard setback 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance 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: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The applicants propose to construct an addition to the existing residence on a residential property which is in line with the intent of the ordinance. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variance resulting in a permit for an addition to a single family residence in a residential zone are consistent with the Comprehensive Plan. 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 propertyownerin question proposes to use the propertyin a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit an additions to the existing home within the 30 foot rear street area appears to be reasonable as the adjacent properties do not appear to be adversely impacted; the home is confined by streets in 3 sides and a wetland to the east of the home limited the build envelope on the property. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing home, and neighboring homes are separated sufficiently to allow for light, air, and open space between the homes and the proposed addition, and c. The variance, if granted, will not alter the essential character of the locality. " The scale or setbacks of the proposed addition to the home will not alter the character of the neighborhood. The setback in question is the rear yard because the frontage along Tonkawa is the shortest street frontage, although the front of the house faces