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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 /> <br />FINDINGS OF FACT: <br /> <br />1. This application was reviewed as Zoning File #LA21-000045. The analysis contained <br />within staff memos and the exhibits attached to the aforesaid memos, all minutes from the <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 Zoning District. <br /> <br />3. The Property contains 0.54 acres in area and has a defined lot width of approximately 65 <br />feet at the OHWL and approximately 75 feet at the 75-foot setback. <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 variance: <br />a. Average Lakeshore Setback Variance <br /> <br />6. 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 requested average lakeshore setback variance is in <br />harmony with the Ordinance as the adjacent neighbors have been notified and have not <br />indicated their views of the lake will be impacted by the improvements, and hardcover will <br />be conforming. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The deck project in the residential zone are consistent with the <br />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: