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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />above mentioned meetings, and any and all other materials distributed at these meetings <br />are hereby incorporated by reference. <br />2. The Property is located in the LR -1 C Zoning District. <br />3. The Property contains 0.32 acres in area and has a defined lot width of 75 feet at the <br />lakeyard setback. <br />4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater <br />Quality Overlay District. <br />5. Applicant has applied for the following variances: <br />a. Average Lakeshore Setback <br />b. Hardcover which exceeds 25% <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 <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 />ANAI YSIS• <br />1. "Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance ...." The applicant has worked to mitigate the encroachment by <br />proposing the deck be placed over an existing patio. The stairs will add 55.5 sq.ft. of new <br />hardcover to the property. The new deck will not change or alter the sightlines for the <br />neighboring property owner. <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 a deck in a <br />residential zone are consistent with the Comprehensive Plan. <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 />The applicant is proposed to build a deck over an existing patio and only increasing the <br />hardcover on the property to construct stairs for the proposed deck. The deck is located <br />on the south side of the property, abutting an unimproved right of way which will not <br />2 <br />