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Resolution 7191
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Resolution 7191
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9/27/2021 2:42:22 PM
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5/11/2021 10:29:43 AM
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�O�p CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> y� e NO. 71 9 `� <br /> `'1kESHO�' <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 proposed variances are in harmony with the <br /> purpose of the Ordinance. The substandard lot has difficulties in its small size and width, <br /> and unique access circumstance over the easement on the rear. The garage location <br /> moves and improves a non-conforming existing setback on the west side moving the <br /> encroachment toward a lesser affected property to the east. The project results in an <br /> overall reduction in hardcover. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The variances proposed to rebuild a detached garage on this <br /> nonconforming lot are 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 permit re-construction of the detached garage on the substandard <br /> lot is reasonable. <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> The substandard lot size is an existing condition, there is no available land with <br /> which to make the Property more conforming. The restricted driveway access and <br /> lack of off-site parking availability are challenges not created by the owners. There <br /> should be consideration for a setback variance approval for from the lot which is <br /> substandard in width and area requirements. The project has been designed with <br /> an effort toward limiting the additional hardcover without sacrificing functionality; <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> The replacement garage is to be in a similar location as the existing garage <br /> keeping with existing character. The variances are requested in order to permit <br /> construction of a detached garage, which is reasonable. <br /> 4. "Economic considerations alone do not constitute practical difficulties." Economic <br /> considerations have not been a factor in the variance approval determination. <br /> 3 <br />
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