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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. 7264 <br /> <br /> <br />2 <br /> <br />2. The Property is located in the LR-1B Zoning District. <br /> <br />3. The Property contains 0.99 acres in area and has a defined lot width of 120 feet at the <br />OHWL. <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[s]: <br />a. Average Lakeshore Setback <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 proposed property will not impact the sight lines <br />of the lake for the neighboring property. The variance would meet this standard. <br /> <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 /> <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.