Resolution 7164 - Laserfiche WebLink

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�OAp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� NO. 71 64 G �4kESHOv-`" 3. The Property contains 0.48 acres in area and has a defined lot width of 78 feet. 4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance: a. Average Lakeshore Setback 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." The request for an average lakeshore setback variance to allow a chimney on a new home is in harmony with the Ordinance. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variance which would allow for a chimney to a single family home in a residential zone is consistent with the Comprehensive Plan. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to add a chimney to a new home within the average lakeshore setback appears to be reasonable due to the extreme average lakeshore setback for the property. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. the average lakeshore setback line was not created by the property owner c. The variance, if granted, will not alter the essential character of the locality." A chimney is a noticeable, but common feature on a home.Adding a chimney would not alter the character of the area. 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as 2