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BOAT CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> *is NO. 7202 <br /> "ESHGv- <br /> 3. The Property contains 1.01 acres in area and has a defined lot width of over 300 feet. <br /> 4. The Property is within Tier 3 and hardcover is limited to 35% according to the Stormwater <br /> Quality Overlay District. <br /> 5. Applicant has applied for the following variance: <br /> a. Side Yard 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 proposed setback variance is in harmony with the <br /> purpose of the Ordinance. The Property is substandard and has difficulties due to its small <br /> size, shape, and topography. The proposed footprint expansions are screened from <br /> adjacent properties by existing vegetation and topography. The encroachment results in <br /> a minimal one-story increase the massing of the home. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The variance proposed to increase the size of the residential <br /> attached garage on this nonconforming lot 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 permit construction of the small addition to the home on the <br /> substandard lot is reasonable. <br /> 2 <br />