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p p <br /> CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> y� G� NO. 71 1 O <br /> t-1'(ESHO <br /> side is shown to be consistent with the neighborhood. Although not a lakeshore lot, the <br /> majority of the properties along Crystal Bay Road are lakeshore, and subject to the <br /> average lakeshore setback protecting views of the lake. The home meets side and rear <br /> setbacks which helps to provide the necessary open space. The hardcover level <br /> proposed is an improvement from the existing condition and is supported by the small lot <br /> challenges. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The number and type of variances proposed to develop a <br /> nonconforming lot of record are consistent with the comprehensive plan, such as lot <br /> area, rear setback, lake setback, and hardcover variance. <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 request to permit construction of the home on the substandard lot, within the <br /> required front setback appears to be reasonable as the property's reduced size <br /> and orientation with respect to the Crystal Bay Road right-of-way, and adjacent <br /> properties creates difficulties. The requested hardcover levels are also <br /> reasonable. <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> The uniquely small size, location with respect to the right-of-way, and required <br /> setbacks prevent a residential footprint consistent with the neighborhood. There <br /> should be consideration for variance approvals from the hardcover limitation, the <br /> front setback, the side setback for the driveway and the lot area requirements. <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> The lot area and width variances are requested in order to permit construction of <br /> a home, which are reasonable. The setbacks and hardcover level are consistent <br /> with the neighborhood. <br /> 4. "Economic considerations alone do not constitute practical difficulties." Economic <br /> considerations have not been a factor in the variance approval determination. <br /> 3 <br />