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O <br /> CITY OF ORONO <br /> �� RESOLUTION OF THE CITY COUNCIL <br /> fig. G� NO. 7289 <br /> `4kEsH0�t <br /> 4. Applicant has applied for the following variance: <br /> a. A setback variance for a new monument sign <br /> 5. 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 . . . ." A monument sign is an accessory structure and is in <br /> harmony with the intent of the ordinance.The proposed location for the proposed sign with a <br /> 0 foot setback in not in harmony with the ordinance. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan."The proposed variance to facilitate placement of a monument sign on <br /> the commercially zoned property 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 <br /> manner, however, the proposed use is not permitted by the official controls. <br /> The request to permit construction of the monument sign for an existing business with <br /> a nonconforming street yard appears to be reasonable as the property has a reduced <br /> rear yard due to existing conditions and its orientation with respect to the lakeshore <br /> creates difficulties.The requested 0 foot setback for a larger monument sign then <br /> existing is unreasonable. <br /> b. The plight of the landowner is due to circumstances unique to his property not <br /> created by the landowner. <br /> The existing improvements on the lot with the current building and substandard street <br /> yard is unique to the property and not created by the landowner; and <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> 2 <br />