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CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> ,,NPL NO. 6 6 6 O <br /> sHo�� <br /> A10. Lots in the Swan Lake Addition(subdivided in 1959) which borders the creek, including <br /> homes on Leaf Street and Cygnet Place, are typically %.l acre in size. This area was <br /> developed prior to the current 2-acre zoning. The dam that created a pond from what was <br /> initially a narrow creek, was constructed between 1956 and 1960 based on available <br /> airphotos. At the time the applicants' home was constructed,the City would have not had <br /> a 75' setback from the creek. Prior to 1992,the creek would have been considered as a <br /> wetland for setback purposes,with a structure setback requirement of 26' and no hardcover <br /> limitations. <br /> Al 1. 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 /> VARIANCE ANALYSIS: <br /> 131. "Variances shall only be permitted when they are in harmony with the general purposes <br /> and intent of the ordinance. .. ." Single-family homes are an allowed use within the RR- <br /> 1B zoning district, and the proposed deck and storage area are common elements of <br /> single family homes. <br /> B2. "Variances shall only be permitted... when the variances are consistent with the <br /> comprehensive plan." The proposed construction is for a residential use which is <br /> consistent with the comprehensive plan guiding of this and surrounding properties <br /> for residential use. <br /> B3. "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 <br /> in connection with the granting of a variance,means that: <br /> i. 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 /> ii. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner." <br /> iii. The variance,if granted,will not alter the essential character of the locality." <br /> The property owners are proposing to use the property in a reasonable manner but the <br /> specific setback requirements of the Zoning Code relative to hardcover and structure <br /> location result in the need for variances in order to construct the deck and storage area. <br /> 3 <br />