07-25-2022 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7278 3 upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The setback variances are supported by practical difficulties due to the substandard lot conditions and lot of record status. The requested variances for front and side setback for the garage addition appear to be in harmony with the City’s goals for conforming development and are in harmony with the Ordinance. The requested setback variances are reasonable considering the location of the existing home. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” Based on the location of the existing home setback variances are needed to construct the attached garage addition to the home which is consistent with the comprehensive plan. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The required setbacks for the Property allow for an approximate 3,200 square foot building area; the existing home footprint extends 10 feet outside of the buildable envelope. It is reasonable to connect the garage addition on the east side of the home to utilize the existing driveway easement which requires variances. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The substandard size of the Property, railroad right-of-way encroachment, orientation, and driveway easement access are existing conditions; there is no available land with which to make the Property conforming. The location of the driveway easement and existing home are likely driving the design and support the setback variances; c. The variance, if granted, will not alter the essential character of the locality.”