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p CITY OF ORONO <br /> RESOLUTION OF TIE CITY COUNCIL <br /> y� G,� NO. 7 1 1 0 <br /> .:;Sb <br /> 2. The Property is located in the LR-1B One Family Lakeshore Zoning District. <br /> 3. The Property contains 1.47 acres in area. <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: <br /> a. Lake Setback Variance <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. "Variances shall only be permitted when they are in harmony with the general purposes <br /> and intent of the ordinance . . . ." The intent of the lake yard setback is to preserve the <br /> natural lakeshore and not permit structure or hardcover in this area. Retaining walls help <br /> minimum the visually impact of the stairs,which are permitted by ordinance. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The requested variance is consistent with the residential goals <br /> 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 use of the Property remains residential. The proposed improvements are <br /> residential in nature, and reasonable from a residential scope. <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> 2 <br />