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-WA/p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 1 1 5 "IkESHOO' 4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance: a. Side yard setback 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance 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. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variance is in harmony with the intent and purpose of the Ordinance. The project reduces hardcover bringing the property into conformance. The side yard setback is minimal and reasonable for stair access. 2. The variance is consistent with the comprehensive plan. The proposed project to remodel an existing home on a narrow lot working to meet all official controls. The side yard setback variance is looking to address existing conditions within the home. The project is working to follow the goals of the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The proposed project to remodel an existing home on a substandard lo while bringing the hardcover into conformance with a minimal encroachment within the side yard to allow access to existing stairs is following to goals for comprehensive plan. b. There are circumstances unique to the property not created by the landowner; the existing home and substandard lot are unique and not created by the property owner. and c. The variance will not alter the essential character of the locality. . The variance is requested in order to permit an addition to the home designed to fit the character of the neighborhood according to the submitted information. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as 2