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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 7202 <br />3. The Property contains 1.01 acres in area and has a defined lot width of over 300 feet. <br />4. The Property is within Tier 3 and hardcover is limited to 35% according to the Stormwater <br />Quality Overlay District. <br />5. Applicant has applied for the following variance: <br />a. Side Yard Setback Variance <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 />"Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance ...." The proposed setback variance is in harmony with the <br />purpose of the Ordinance. The Property is substandard and has difficulties due to its small <br />size, shape, and topography. The proposed footprint expansions are screened from <br />adjacent properties by existing vegetation and topography. The encroachment results in <br />a minimal one-story increase the massing of the home. <br />2. "Variances shall only be permitted ... when the variances are consistent with the <br />comprehensive plan." The variance proposed to increase the size of the residential <br />attached garage on this nonconforming lot is consistent with the comprehensive plan. <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 request to permit construction of the small addition to the home on the <br />substandard lot is reasonable. <br />