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p CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> •$ NO. - 7 1 3 8 <br /> `4'QSHO0" <br /> 3. The Property contains 1.2 acres in area and has a defined lot width of 140 feet. <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. Average Lakeshore 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 requested average lakeshore setback variance is in <br /> harmony with the Ordinance as the most adjacent neighbors' views of the lake will not be <br /> impacted by the improvements. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The variance resulting in a permit for construction of an addition to <br /> an existing single family residence in a residential zone is consistent with the <br /> 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 request to permit construction of improvements lakeward of the average <br /> lakeshore setback appears to be reasonable; the mature vegetation, topography, <br /> and home orientation separate the proposed improvements on the Property from <br /> the adjacent neighbors. <br /> 2 <br />