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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 />2. The Property is located in the LR-1C Single Family Lakeshore Residential Zoning District. <br /> <br />3. The Property contains 0.14 acres in area and has a defined lot width of 34.1 feet. <br /> <br />4. The Property is within Tier 2 and hardcover is limited to 30% according to the Stormwater <br />Quality Overlay District. <br /> <br />5. Applicant has applied for the following variances: <br />a. Rear Setback Variance <br />b. Side Street Setback Variance <br /> <br />6. In considering this application for variances, the Council has considered the advice and <br />recommendation of the Planning Commission and the effect of the proposed variances <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 proposed setback variances are in harmony with the <br />purpose of the Ordinance. The substandard lot has difficulties in its small size. The house <br />location is nonconforming. The proposed volume “expansions” resulting from the railing <br />are set in from the property lines as they are inset from the edges of the building. The <br />encroachment does not increase the massing of the home. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The variances proposed to improve a rooftop patio area on this <br />nonconforming lot of record are consistent with the 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 installation of the rooftop railings on the home on the <br />substandard lot is reasonable. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner.