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CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. <br /> `gkES H ORS <br /> location of adjacent homes, and the existing home's proximity to the lake. The average <br /> lakeshore setback variance will not further impact views of the lake for adjacent properties. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The proposed variance allows the construction of a single family <br /> home and is consistent with the comprehensive plan. <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 average lakeshore setback is intended to help preserve a view of the lake by <br /> neighboring properties. The zoning ordinance requires a home to be set back at <br /> least 75 feet from the OHWL or the average lakeshore setback, whichever is <br /> greater. The City has a history of not allowing homes to be built within the 75 foot <br /> setback. The neighbors are set back 148 feet (3131 Casco Circle); and 181 feet <br /> from the lake (3127 Casco Circle). Due to the configuration of the Property the <br /> neighboring homes create an average lakeshore setback of approximately 202 <br /> feet. This exceeds the setbacks of the neighboring homes. Allowing the variance <br /> situates the home 156 feet from the OHWL, which is twice the minimum lake <br /> setback. The request to permit construction of the home in the proposed location <br /> partially within the average lakeshore setback appears to be reasonable <br /> considering the orientation of the neighboring homes with respect to the lakeshore, <br /> and adjacent properties creates difficulties. The request is reasonable. <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> The unique shape of the Property and shoreline, the existing home's location with <br /> respect to the lake and the neighboring home locations prevent a residential <br /> footprint consistent with the neighborhood. The proposed overall hardcover level <br /> is conforming. The circumstances are unique to the Property; and <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> The variance is requested in order to permit construction of a home designed to fit <br /> the character of the neighborhood according to the submitted information. <br /> 3 <br />