Laserfiche WebLink
<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. ________________________ <br /> <br /> <br />3 <br /> <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 /> <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 /> <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 /> <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 /> <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br /> <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 /> <br />c. The variance, if granted, will not alter the essential character of the locality.” <br /> <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 /> <br />4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations have not been a factor in the variance approval determination. <br />