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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />• <br />NO. 1 9 9 <br />5. Applicant has applied for the following variances: <br />a. Average Lake Setback Variance <br />b. Lake Setback Variance <br />c. Side Setback Variances <br />d. Rear Setback Variance <br />e. Hardcover within the 75 -foot Lake Setback Variance <br />f. Floodplain fill elevation less than 15 -feet from the building perimeter <br />6. In considering this application for variances, the Council has considered the advice and <br />recommendation of the Planning Commission and the effect of the proposed variances <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 />"Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance ...." The variances support the minimal expansion of a non- <br />conforming structure within in the lake yard and average lakeshore setback. Lake yard <br />construction prohibitions are intended to maintain the natural lakeshore and encourage <br />development away from the lake. Alternatively, the goals of average lakeshore setback <br />include protecting views from land into the lake, the requested variances to increase the <br />height of the existing boathouse the minimum amount necessary to meet the ceiling height <br />and floodplain regulations is in harmony with the Ordinance. The most adjacent neighbors <br />are situated so that their lake views will not be impacted by the changes to the existing <br />boathouse. The minimal additional mass of the flat roof areas within the setbacks will not <br />be closer to the lake than existing and will not negatively impact the views into the property <br />from the lake. The lack of elevation bench on the north and west sides of the structure <br />will not suppress safety and access for this accessory building. <br />Additionally, the minimal expansions proposed to the nonconforming carriage house <br />building will not adversely impact the adjacent property, nor will they result in a significant <br />massing increase within the required rear and side yard setback areas. The requested <br />variances to increase the height of the existing carriage house garage ceiling while <br />maintaining a livable height in the upper level are the minimum amount necessary to meet <br />the ceiling height needs. This criterion is met. <br />2. "Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan." The variances resulting in reconstruction of the existing buildings <br />(without footprint expansions), in a residential zone are consistent with the Comprehensive <br />