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ickOivp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7072 -,kES H O 5. Applicant has applied for the following variance[s]: a. 75-foot Lake Setback Variance b. Average Lakeshore Setback Variance 6. In considering this application for the variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances 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 variances support the minimal expansion of a non- conforming structure in the lake yard. Lake yard construction prohibitions are intended to maintain the natural lakeshore and encourage development away from the lake. Alternatively, the goals of average lakeshore setback include protecting views from land into the lake, the requested variances to increase the height of the existing structure the minimum amount necessary to meet the ceiling height and floodplain regulations is in harmony with the Ordinance. The most adjacent neighbors are separated from the structure and situated so that their lake views will not be impacted by the changes to the existing building. The minimal additional mass of the flat roof areas within the setbacks will not be closer to the lake than existing and will not negatively impact the views into the Property from the lake. This criterion is met. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variances resulting in reconstruction of the existing sauna building without footprint expansions within the setbacks in a residential zone are consistent with the Comprehensive Plan. The variance to permit the upward volume expansion is solely to conform to the floodplain regulations. This criterion is met. 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 request to permit a minor upward expansion of the building lakeward of the average lakeshore setback and within the 75-foot lake setback appear to be reasonable; the flat roof design minimized any potential negative impacts; the 3