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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 />3 <br /> <br />c. Conditional Use Permit for Plumbing within an Accessory Building <br />d. Conditional Use Permit for placement of fill below the 1% annual chance of flooding <br />in order to elevate the home. <br /> <br />6. In considering this application for variances and conditional use permits, the Council has <br />considered the advice and recommendation of the Planning Commission and the effect of <br />the proposed plan upon the health, safety and welfare of the community, existing and <br />anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the <br />effect on values of property in the surrounding area. <br /> <br />ANALYSIS: <br /> <br />1. “Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance . . . .” The lot width and area variances requested are consistent <br />with the general intent of the Ordinance. The lake setback and hardcover variances are <br />reasonable and necessary as the highest points of the Property for construction of the <br />home above the 1% annual chance floodplain are located toward the lake. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The variances resulting in a permit for construction of a single family <br />residence in a residential zone are consistent with the Comprehensive Plan. <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 portions of the proposed home on a <br />substandard lot within the 75-foot setback appears to be reasonable; the floodplain <br />grading appropriately elevates the home and the required 15-foot grade elevation <br />is met. <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 major presence of the 1% annual chance floodplain on the Property creates <br />increased difficulties in locating a conforming building elevation and location. The <br />new house will be properly elevated out of the floodplain based on the required <br />RFPE. The sub-standard size of the Property was not the result of actions by the