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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. ________________________ <br /> <br /> <br />3 <br /> <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 /> <br />ANALYSIS: <br /> <br />1. “Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance . . . .” The variance to allow construction of the barn is in <br />harmony with the zoning code; the requested setback variance on this Property is <br />generally consistent with the intent of the ordinance. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” This statement is true; the requested variance is in line with the rural <br />residential goals within the comprehensive plan. <br /> <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 /> <br />The variance request is residential in nature and are reasonable considering the <br />unique rural nature of the Property, and the neighborhood with significant <br />separation between the properties as well as the elevation difference between the <br />home and the lake. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br /> <br />The owner is proposing to place the new barn in the existing barn’s general <br />location. The site configuration was not created by the Applicants, the elevation <br />of the barn in relation to the OHWL of Lake Classen greatly reduces visual impact <br />from the Lake; <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” <br /> <br />The visual impacts of the replacement barn will be minimal from the lake due to <br />the topography as well as from adjacent properties due to the physical distance <br />separation. The proposed barn will not alter the character of the neighborhood. <br />