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-vL-ONp CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> y� G NO. 71 5O <br /> -kESHO <br /> c. Conditional Use Permit for Plumbing within an Accessory Building <br /> d. Conditional Use Permit for placement of fill below the 1%annual chance of flooding <br /> in order to elevate the home. <br /> 6. In considering this application for variances and conditional use permits, the Council has <br /> considered the advice and recommendation of the Planning Commission and the effect of <br /> the proposed plan upon the health, safety and welfare of the community, existing and <br /> anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the <br /> effect on values 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 lot width and area variances requested are consistent <br /> with the general intent of the Ordinance. The lake setback and hardcover variances are <br /> reasonable and necessary as the highest points of the Property for construction of the <br /> home above the 1% annual chance floodplain are located toward the lake. <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 single family <br /> residence in 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 portions of the proposed home on a <br /> substandard lot within the 75-foot setback appears to be reasonable;the floodplain <br /> grading appropriately elevates the home and the required 15-foot grade elevation <br /> is met. <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> The major presence of the 1% annual chance floodplain on the Property creates <br /> increased difficulties in locating a conforming building elevation and location. The <br /> new house will be properly elevated out of the floodplain based on the required <br /> RFPE. The sub-standard size of the Property was not the result of actions by the <br /> 3 <br />