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icLOAO CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 7214 <br /> F G� <br /> 4 ESHO <br /> their existing views of the lake, and new hardcover resulting from the new deck will be <br /> offset by removals. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The requested average lakeshore setback, side yard setback, and <br /> hardcover variances are consistent with the Comprehensive Plan. The deck results in a <br /> new average lakeshore setback encroachment beyond the existing footprint, however <br /> does not appear to further impact the adjacent neighbors' views from the north side. <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 expand the volume of the existing nonconforming home upwards <br /> with the addition of a deck lakeward of the average lakeshore setback appears to <br /> be reasonable on the Property as there are no options for a conforming expansion <br /> of any portion of the home. The curved shoreline and extreme setbacks of the <br /> neighboring homes result in the existing non-conforming condition. The Applicant <br /> has proposed 105 square feet of hardcover removals to offset the new deck <br /> hardcover. <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> The location of the existing home,the curved shoreline, and extreme setback location <br /> of the neighboring homes, and existing hardcover are conditions not created by the <br /> landowners; and <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> It does not appear that the requested average lakeshore setback variance to <br /> expand the home over the existing footprint will adversely impact views of the lake <br /> currently enjoyed by the adjacent property owners or alter the character of the <br /> locality as many of the homes in the neighborhood have a 2nd story. Further, the <br /> Applicant's proposed hardcover removals will offset the new hardcover resulting <br /> from the deck. <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 />