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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater <br />Quality Overlay District. <br />5. Applicant has applied for the following variance[s]: <br />a. Average Lakeshore Setback for a new covered porch and altered roofline <br />6. In considering this application for variance, the Council has considered the advice and <br />recommendation of the Planning Commission and the effect of the proposed variance <br />upon the health, safety and welfare of the community, existing and anticipated traffic <br />conditions, light and air, danger of fire, risk to the public safety, and the effect on values <br />of property in the surrounding area. <br />ANALYSIS: <br />1. The variance is in harmony with the general intent and purpose of the Ordinance. The <br />proposed location of the home additions does not block lake views of the adjacent <br />property owners, and therefore is harmonious with the intent of the Ordinance. <br />2. The variance is consistent with the comprehensive plan. The average lakeshore setback <br />variance is consistent with the goals in the comprehensive plan to protect lake <br />views. <br />3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not <br />permitted by the official controls; The variance requests are residential in <br />nature and are reasonable considering the current location of the home. <br />b. There are circumstances unique to the property not created by the landowner; The <br />location of the structures on the property and configuration of the lot were <br />not created by the property owner and <br />c. The variance will not alter the essential character of the locality. The visual <br />impacts resulting from the additions proposed within the average lakeshore <br />setback will not alter the character of the neighborhood. Rather, the home <br />will not impact views from the lake nor will it appear to be more visually <br />obtrusive than the existing buildings on the property. <br />Additionally City Code 78-123 provides additional parameters within which a variance may be <br />granted as follows: <br />4. Economic considerations alone do not constitute practical difficulties. Economic <br />considerations have not been a factor in the variance approval determination. <br />5. Practical difficulties also include but are not limited to inadequate access to direct sunlight <br />for solar energy systems. Variances shall be granted for earth -sheltered construction as <br />