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�O.Aip CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� ,� NO. 7060 _ G t.kESHO- 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. To allow a 3 season porch over an existing second story deck forward of the average lakeshore setback 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. The variance is in harmony with the general intent and purpose of the Ordinance The proposed location of the home additions do not block lake views of the adjacent property owners, and therefore is harmonious with the intent of the Ordinance. 2. The variance is consistent with the comprehensive plan. The average lakeshore setback variance is consistent with the goals in the comprehensive plan to protect lake views. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The variance requests are residential in nature and are reasonable considering the unique nature of the property as a large peninsula on the lake. The relatively large flood hazard area and existing improvements on the property creates difficulties in locating a conforming structure. b. There are circumstances unique to the property not created by the landowner; ; The location of the structures on the property and configuration of the lot were not created by the property owner; and c. The variance will not alter the essential character of the locality. The visual impacts resulting from the additions proposed within the average lakeshore setback will not alter the character of the neighborhood. Rather, the home will not impact views from the lake nor will it appear to be more visually obtrusive than the existing buildings on the property. 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as 2