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CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 7044 <br /> 'IkFsHO <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. "Variances shall only be permitted when they are in harmony with the general purposes <br /> and intent of the ordinance . . . ." The variance to allow construction of the barn is in <br /> harmony with the zoning code; the requested setback variance on this Property is <br /> generally consistent with the intent of the ordinance. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan."This statement is true;the requested variance is in line with the rural <br /> residential goals within the comprehensive plan. <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 variance request is residential in nature and are reasonable considering the <br /> unique rural nature of the Property, and the neighborhood with significant <br /> separation between the properties as well as the elevation difference between the <br /> home and the lake. <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> The owner is proposing to place the new barn in the existing barn's general <br /> location. The site configuration was not created by the Applicants, the elevation <br /> of the barn in relation to the OHWL of Lake Classen greatly reduces visual impact <br /> from the Lake; <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> The visual impacts of the replacement barn will be minimal from the lake due to <br /> the topography as well as from adjacent properties due to the physical distance <br /> separation. The proposed barn will not alter the character of the neighborhood. <br /> 3 <br />