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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />s NO. 7030 <br />t KESHG4t <br />4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater <br />Quality Overlay District. <br />5. Applicant has applied for the following variance[s]: <br />a. Average Lakeshore Setback Variance <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 />VARIANCE PRACTICAL DIFFICULTY ANALYSIS: <br />1. "Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance . . . ."The proposed location of the home additions do not block <br />lake views of the adjacent property owners, and therefore is harmonious with the intent of <br />the Ordinance. <br />2. "Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan."The average lakeshore setback variance is consistent with the goals <br />in the comprehensive plan to protect lake views. <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 variance requests are residential in nature and are reasonable considering the <br />unique nature of the property as a large peninsula on the lake. The relatively large <br />flood hazard area and existing improvements on the property creates difficulties in <br />locating a conforming structure. <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />The location of the structures on the Property and configuration of the lot were not <br />created by the property owner. <br />c. The variance, if granted, will not alter the essential character of the locality." <br />The visual impacts resulting from the additions proposed within the average <br />lakeshore setback will not alter the character of the neighborhood. Rather, the <br />2