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g0�0 CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> 1. �,: NO. 7264 <br /> C-l'FESHp0O <br /> 2. The Property is located in the LR-1B Zoning District. <br /> 3. The Property contains 0.99 acres in area and has a defined lot width of 120 feet at the <br /> OHWL. <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 <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 /> 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 property will not impact the sight lines <br /> of the lake for the neighboring property. The variance would meet this standard. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The property is being used for a single family home consistent <br /> with the comprehensive plan. The project is proposing to install a patio and pool <br /> which are accessory improvements to the primary use of the site, which is the <br /> house. <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 applicant states "Due to the existing grade of the land, it is a difficult lot <br /> to build on and the added fill to bring the pool up to the desired grade does <br /> not impact neighbors on either side and will not at all impact any site lines." <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> The slope in the lakeyard and irregular contour for the neighborhood were <br /> not created by the homeowner. <br /> 2 <br />