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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />mentioned meetings, and any and all other materials distributed at these meetings are <br />hereby incorporated by reference. <br />2. The Property is located in the RS Seasonal Recreational Zoning District. <br />3. The Property contains 3.2 acres in area and has a defined lot width in excess of 300 feet. <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 variance[s]: <br />a. Building to Building Separation Variances <br />6. In considering this application for variances, the Council has considered the advice and <br />recommendation of the Planning Commission and the effect of the proposed variances <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 />ANALYSIS: <br />1. "Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance ...." The construction of the Garage on the residential property <br />is consistent with the intent of the ordinance. <br />2. "Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan." The variances permitting the construction of the Garage with less <br />than a 10 foot separation from the home in a residential zone are consistent with the <br />Comprehensive Plan. Locating the Garage further and downslope from the home will <br />result in more tree removal and greater visibility of the Garage from the lake which is <br />inconsistent with the City's goals for a natural looking lakeshore and the appearance of <br />open space. <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 request to permit construction of the Garage within the 10 foot separation <br />between buildings appears to be reasonable as the size of the Garage footprint is <br />300 square feet and the resulting effect of the mass relating to the size of the <br />