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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 />3. The Property contains 1.2 acres in area and has a defined lot width of 140 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 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 most adjacent neighbors’ views of the lake will not be <br />impacted by the improvements. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The variance resulting in a permit for construction of an addition to <br />an existing single family residence in a residential zone is 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: <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 /> <br />The request to permit construction of improvements lakeward of the average <br />lakeshore setback appears to be reasonable; the mature vegetation, topography, <br />and home orientation separate the proposed improvements on the Property from <br />the adjacent neighbors. <br /> <br />153 <br />153