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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 />3. The Property contains 0.48 acres in area and has a defined lot width of 78 feet. <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. Average Lakeshore 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. “Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance . . . .” The request for an average lakeshore setback <br />variance to allow a chimney on a new home is in harmony with the Ordinance. <br />2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The variance which would allow for a chimney to a single <br />family home in a residential zone is consistent with the 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 add a chimney to a new home within the average lakeshore <br />setback appears to be reasonable due to the extreme average lakeshore <br />setback for the property. <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />the average lakeshore setback line was not created by the property owner <br />c. The variance, if granted, will not alter the essential character of the locality.” <br />A chimney is a noticeable, but common feature on a home. Adding a chimney <br />would not alter the character of the area. <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