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p CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> sF NO. 71 97 <br /> 4'FESHO <br /> G <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 residential <br /> deck within a residential zone 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 construction of the deck addition on the substandard lot, in <br /> the proposed location within the rear yard and lake yard setbacks seems <br /> reasonable as the Property has extreme topography, curve of the shoreline, and <br /> shape of the lot result in challenges for development. The enlarged deck will allow <br /> the Applicants to create an outdoor living space on the Property where it is difficult <br /> to utilize the lake yard. The elevated deck and proposed removal of hardcover will <br /> also provide more infiltration opportunities for stormwater before it reaches Long <br /> Lake. <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> The configuration and shape of the lot were not created by the owners. Variances <br /> were granted in 2018 to construct a new home on the Property Resolution No. <br /> 6877. The uniqueness found in the shape, size, slope, and proximity to the lake <br /> are difficulties which support granting of the variance for the additional deck space. <br /> The proposed deck expansion is located within the footprint of the previously <br /> existing home on the Property. <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> The variances permitting the deck addition will not alter the character of the <br /> neighborhood. Many of the surrounding homes have decks on the lake side of their <br /> home. It does not appear that the setback variances will adversely impact the <br /> adjacent property owners or views of the Property from the lake. <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 />