#6811-variances-2017 - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ANALYSIS: "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The existing home on the Property is situated entirely within the 75 -foot setback. The proposed addition by nature of the connection will encroach approximately 20 feet into the 75 -foot setback, the balance of the addition will be beyond the 75 -foot setback. The addition will be connected to the existing home in the location of the open hot tub deck area which will also become enclosed. Likewise the addition will encroach entirely lakeward of the average lakeshore setback line based on the homes at 2707 Walters Port Lane and 2715 Pence Lane. The configuration of the Property and the adjacent properties functions like a peninsula. This criterion is met regarding the addition. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The proposal to construct additions to the existing home in the most conforming manner possible is consistent with the comprehensive plan. This criterion is met. 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 proposed addition will increase the bulk and massing on the Property which is already non -conforming. The location of the existing home and adjacent homes offer limited opportunity to construct additions to the Applicants' home without variances. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The Property is configured as a peninsula creating an average lakeshore setback line which cuts through the Property. The house was constructed within the 75 - foot setback because the Property did not have the depth to construct a conforming home. This criterion is met. c. The variance, if granted, will not alter the essential character of the locality." The majority of the additions will be toward the rear of the Property; the visual massing of structure and additional hardcover within the 75 foot setback is minimal and will not alter the character of the locality, particularly when viewed from the lake. This criterion is met.