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0 CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 7 0 8 2 <br /> rgktstHi0 <br /> volume of the existing boathouse are not in harmony with the Ordinance. The additional <br /> mass of the roof areas within the setbacks result in an increase of the building height <br /> closer to the lake than existing and may negatively impact the views into the property from <br /> the lake. The reorientation of the boathouse egress, and reconstruction of the lakeside <br /> deck with an expanded footprint and elevation are not in harmony with the Ordinance. This <br /> criterion is not met. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The variances resulting in modifications to the existing boathouse <br /> with a volume expansion and a minor footprint expansion within the setbacks in a <br /> residential zone are inconsistent with the Comprehensive Plan. The changes are <br /> cosmetic and are not supported by necessary practical difficulties inherent to the land. <br /> The reconstruction and reorientation of the lake deck were not contemplated with the <br /> original approvals, and result in an increase in 0-75' zone hardcover which is <br /> inconsistent with the Comprehensive Plan. This criterion is not met. <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 ownerin question proposes to use the property in a reasonable manner, <br /> however, the proposed use is not permitted by the official controls. <br /> The reasonable use of the Property is established with the principal structure. The <br /> applicant suggests that reasonable use extends to cosmetic improvements to a <br /> non-conforming building and structure which are not in-kind and therefore not <br /> protected by statute. The request to permit expansion of the boathouse lakeward <br /> of the average lakeshore setback and within the 75-foot lake setback are not <br /> reasonable. The reconstruction and reorientation of the lake deck were not <br /> contemplated with the original approvals, and result in an increase in 0-75' zone <br /> hardcover which is inconsistent with the Comprehensive Plan. This criterion is not <br /> met. <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> The Applicant states that the boat house supersedes the current owners' <br /> ownership of the Property. This is not justification necessary support the new <br /> encroachments into the lake yard. While the boathouse was not originally <br /> constructed by the current owners, they have a right to keep and even re-build the <br /> boathouse in-kind. The constructed expansions are not a right, are not necessary <br /> Page 3 of 6 <br />