Laserfiche WebLink
CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <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 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 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 />