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CITY OF ORONO <br />RESOLL 1 li iN O 'rm: C [T'Y COUNC11. <br />NO, 1 0 4 <br />c. Hardcover Variances— Overall and within 75 -foot Setback <br />d. Lake Setback Variance <br />e. Street Setback Variance <br />f_ Side Yard Setback Variance <br />g. Rear Yard Setback Variance <br />h. Driveway Width within 75 -foot Setback Variance <br />8. In considering this application for variances and IUP, the Council has considered the <br />advice and recommendation of the Planning Commission and the effect of the proposed <br />variances upon the health, safety and welfare of the community, existing and anticipated <br />traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on <br />values of property in the surrounding area. <br />VARIANCE ANALYSIS: <br />"Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance ...." The proposed variances are in harmony with the purpose <br />of the Ordinance. The small, shallow lot includes difficulties in its small size and depth, <br />and proximity to the lake to allow redevelopment. The lot is also challenged by Crystal Bay <br />Road which subtracts 3,359 square feet from the calculated lot area and runs through the <br />lake yard. <br />2, "Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan." The variances requested to develop the nonconforming lot of record <br />are consistent with the comprehensive plan. The requested hardcover and structural <br />coverage variances are supported by the undue burden caused by the 3,355 square feet <br />of paved Crystal Bay Road. <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 />The request to permit construction of the home on the substandard lot, in the <br />proposed location within the 75 -foot lake setback, front setback, and rear yard <br />setback, appears to be reasonable as the Property's reduced size and orientation <br />with respect to the lakeshore, Crystal Bay Road, and adjacent properties creates <br />difficulties <br />