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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. 7270 <br /> <br /> <br />3 <br /> <br /> <br />6. Applicants have applied for the following variance[s]: <br />a. Property A- Lot Width at the 75-foot lakeyard setback <br />b. Property B- Lot Width at the Ordinary High Water Level <br /> <br />7. Both Property A and Property B are nonconforming to lot-width, area and setbacks. Due <br />to the angle of the proposed lot line, the lot width will decrease at the 75’ lakeyard setback <br />from 54’ to 52’ at 3683 North Shore Drive and at 3685 North Shore Drive it will decrease <br />from 92’ to 82’ at the OHWL. <br /> <br />8. The proposed property boundary will maintain the same lot area sizes overall. <br /> <br />9. The proposed new property line will improve many non-conformities on the both lots. The <br />building setback, overall hardcover and lot width at the OHWL will improve for 3683 North <br />Shore Drive and the new property line will be move away from existing driveway bringing <br />the driveway setback closer to conformance for 3685 North Shore Drive. <br /> <br />10. 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. The variance is in harmony with the general intent and purpose of the Ordinance. The <br />intent of the ordinance is to establish minimum lot sizes and protect against <br />overcrowding at the lakeshore. The proposed variances do not negatively impact <br />those goals. The Applicants’ proposal would serve to improve some existing <br />nonconformities in the substandard lot widths, hardcover, and building setback <br />orientation. <br />2. The variance is consistent with the comprehensive plan. The single-family residential <br />use of the Properties is consistent with the comprehensive plan and the variance <br />allows the property owners to have property boundaries consistent with their <br />actual and practical use given the unique topography of the area. <br />3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not <br />permitted by the official controls; <br />The request to realign the shared property line between two <br />nonconforming lots improves nonconforming lot width, hardcover, <br />and building setback as applied to for the adjacent properties. The