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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 9. Vacation of the following easements: a. Sanitary Sewer Easement (Document 855727) b. Sanitary Sewer Easement (Document 862192) VARIANCE ANALYSIS: 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. 2. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The intent of the wetland setback is to preserve the wetland. The applicant proposes minimal improvements in the only location feasible. The applicant plans to utilize BMP to minimize and protect the wetland. The intent of the driveway width maximum is to minimize hardcover in the shore setback. Allowing for a 12' wide shared driveway to gain access to two parcels is in harmony with the purpose of the Ordinances, which is to manage hard cover in the 0-75'. 3. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The Comprehensive Plan balances the right to use property and the need to protect natural resources. The reduced setback in the minimum necessary to afford safe access to the property without impacting adjacent private properties. Allowing access and proper drainage for two newly created lots in consistent with the comprehensive plan. 4. "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 applicant's request to construct a 12' wide driveway and create proper drainage to serve the two newly created lots is reasonable. There is no other location available that would avoid impacts to the wetlands and outside the lake yard without impacting the adjacent residential lot. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The applicant did not develop the point, or place wetlands