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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. 7221 <br /> <br /> <br />2 <br /> <br />2. The Property is located in the LR-1B One Family Lakeshore Residential Zoning District. <br /> <br />3. The Property contains 0.24 acres in area and has a defined lot width of 50 feet. <br /> <br />4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater <br />Quality Overlay District. <br /> <br />5. Applicant has applied for the following variances: <br />a. Rear Yard Setback Variance <br />b. Side Yard Setback Variance <br /> <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 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 /> <br />ANALYSIS: <br /> <br />1. “Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance . . . .” The minimal expansions will not adversely impact the <br />adjacent property, nor will it result in a significant massing increase within the side yard <br />setback areas. The requested variances to connect the garage to the home as well as <br />construct a second story over the garage is the minimum amount necessary to meet the <br />owner’s living space 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 to permit expansions of the residence are <br />consistent with the Comprehensive Plan. The variance to permit a minimal footprint and <br />upward volume expansions is solely to upgrade the livability and functionality of the <br />house. 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 the connecting addition to the home and minor upward <br />expansion of the garage within the setbacks is reasonable; additionally, the small <br />connection limits potential massing impacts to neighbors. This criterion is met.