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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 />2 <br /> <br />above mentioned meetings, and any and all other materials distributed at these meetings <br />are hereby incorporated by reference. <br /> <br />2. The Property is located in the LR-1B Single Family Lakeshore Residential Zoning District. <br /> <br />3. The Property contains 0.26 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 a Rear / Street Setback Variance. <br /> <br />6. The proposed plans for the garage include a ½ bath with toilet and sink, a restrictive <br />covenant for plumbing is required. <br /> <br />7. In considering this application for variance, 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 garage setback on the street side is shown to be in <br />keeping with the character of the neighborhood. The garage meets/exceeds side setbacks <br />which helps to provide the necessary open space. There is no hardcover change from the <br />existing condition and the variance is supported by the small/narrow lot challenges. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The scale and type of variance proposed to expand the upward <br />volume of the detached garage within the rear setback while not impacting adjacent <br />properties is consistent with the comprehensive plan. <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 />