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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. ________________________ <br /> <br /> <br />2 <br /> <br />4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater <br />Quality Overlay District. <br /> <br />5. Applicant has applied for the following variance: <br />a. Side yard setback <br /> <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 /> <br />ANALYSIS: <br /> <br />1. The variance is in harmony with the general intent and purpose of the Ordinance. The <br />proposed variance is in harmony with the intent and purpose of the Ordinance. The <br />project reduces hardcover bringing the property into conformance. The side yard <br />setback is minimal and reasonable for stair access. <br />2. The variance is consistent with the comprehensive plan. The proposed project to <br />remodel an existing home on a narrow lot working to meet all official controls. The <br />side yard setback variance is looking to address existing conditions within the <br />home. The project is working to follow the goals of the comprehensive plan. <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 proposed project to remodel an existing <br />home on a substandard lo while bringing the hardcover into conformance <br />with a minimal encroachment within the side yard to allow access to existing <br />stairs is following to goals for comprehensive plan. <br />b. There are circumstances unique to the property not created by the landowner; the <br />existing home and substandard lot are unique and not created by the <br />property owner. and <br />c. The variance will not alter the essential character of the locality. . The variance <br />is requested in order to permit an addition to the home designed to fit the <br />character of the neighborhood according to the submitted information. <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