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CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> y� G ' NO. 7042 <br /> `�1 ESHO <br /> c. Hardcover Variances—Overall and within 75-foot Setback <br /> d. Lake Setback Variance <br /> e. Street Setback Variance <br /> f. Side Yard Setback Variance <br /> g. Rear Yard Setback Variance <br /> h. Driveway Width within 75-foot Setback Variance <br /> 8. In considering this application for variances and IUP, the Council has considered the <br /> advice and recommendation of the Planning Commission and the effect of the proposed <br /> variances upon the health, safety and welfare of the community, existing and anticipated <br /> traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on <br /> values of property in the surrounding area. <br /> VARIANCE ANALYSIS: <br /> 1. "Variances shall only be permitted when they are in harmony with the general purposes <br /> and intent of the ordinance . . . ."The proposed variances are in harmony with the purpose <br /> of the Ordinance. The small, shallow lot includes difficulties in its small size and depth, <br /> and proximity to the lake to allow redevelopment. The lot is also challenged by Crystal Bay <br /> Road which subtracts 3,359 square feet from the calculated lot area and runs through the <br /> lake yard. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan."The variances requested to develop the nonconforming lot of record <br /> are consistent with the comprehensive plan. The requested hardcover and structural <br /> coverage variances are supported by the undue burden caused by the 3,359 square feet <br /> of paved Crystal Bay Road. <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 request to permit construction of the home on the substandard lot, in the <br /> proposed location within the 75-foot lake setback, front setback, and rear yard <br /> setback, appears to be reasonable as the Property's reduced size and orientation <br /> with respect to the lakeshore, Crystal Bay Road, and adjacent properties creates <br /> difficulties. <br /> 4 <br />