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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. ________________________ <br /> <br /> <br />3 <br /> <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. <br /> <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 /> <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 />Plan. The variance to permit the minimal upward volume expansions is solely to upgrade <br />the functionality of the carriage house, as well as allow the boathouse to conform to the <br />floodplain regulations. This criterion is met. <br /> <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 /> <br />The request to permit minor upward expansions of the buildings within the <br />setbacks appear to be reasonable; the flat roof design of the boathouse minimizes <br />any potential negative impacts; the mature vegetation, and location of neighboring <br />homes separate the buildings from the adjacent neighbors. This criterion is met. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br /> <br />The Applicant proposes to reconstruct two nonconforming buildings to improve <br />functionality for the owners. The buildings were not constructed by the current