08-12-2019 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 2. The Property is located in the LR -1 B One Family Lakeshore Zoning District. 3. The Property contains 1.47 acres in area. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance: a. Lake Setback 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 intent of the lake yard setback is to preserve the natural lakeshore and not permit structure or hardcover in this area. Retaining walls help minimum the visually impact of the stairs, which are permitted by ordinance. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The requested variance is consistent with the residential goals within the comprehensive plan. 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 use of the Property remains residential. The proposed improvements are residential in nature, and reasonable from a residential scope. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner.