03-13-2017 Council Packet - Laserfiche WebLink

Home Browse Search

CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. The Property is within Tier 3 and hardcover is limited to 35% according to the Stormwater Quality Overlay District. 5. The following variance has been requested: a. Lot area variance 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 lot area variance requested is consistent with the general intent of the Ordinance. The size of the Property is generally consistent with the other properties in the Foxhill neighborhood. The variances are in harmony with the Ordinance. 2. "Variances shall only be permitted ... when the variances are consistent with the comprehensive plan." The variance allows the redevelopment of the single family lot, this use is consistent with the comprehensive plan. The variance allows the nonconforming nature of the lot to decrease. 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 wishes to develop the Property with a single family home in the future. The owner has requested a lot line adjustment via an administrative subdivision exception in order to increase the area of the lot by approximately 3,900 square feet. To qualify for the subdivision exemption the lot area variance must be granted. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The owner did not create the substandard lot size. c. The variance, if granted, will not alter the essential character of the locality. "