06-28-2021 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variances resulting in a permit for construction of a residential deck within a residential zone are consistent with the Comprehensive Plan. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of the deck addition on the substandard lot, in the proposed location within the rear yard and lake yard setbacks seems reasonable as the Property has extreme topography, curve of the shoreline, and shape of the lot result in challenges for development. The enlarged deck will allow the Applicants to create an outdoor living space on the Property where it is difficult to utilize the lake yard. The elevated deck and proposed removal of hardcover will also provide more infiltration opportunities for stormwater before it reaches Long Lake. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The configuration and shape of the lot were not created by the owners. Variances were granted in 2018 to construct a new home on the Property Resolution No. 6877. The uniqueness found in the shape, size, slope, and proximity to the lake are difficulties which support granting of the variance for the additional deck space. The proposed deck expansion is located within the footprint of the previously existing home on the Property. c. The variance, if granted, will not alter the essential character of the locality.” The variances permitting the deck addition will not alter the character of the neighborhood. Many of the surrounding homes have decks on the lake side of their home. It does not appear that the setback variances will adversely impact the adjacent property owners or views of the Property from the lake. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination.