Laserfiche WebLink
CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />No. 7 2 1 4 <br />their existing views of the lake, and new hardcover resulting from the new deck will be <br />offset by removals. <br />2. "Variances shall only be permitted .. . when the variances are consistent with the <br />comprehensive plan." The requested average lakeshore setback, side yard setback, and <br />hardcover variances are consistent with the Comprehensive Plan. The deck results in a <br />new average lakeshore setback encroachment beyond the existing footprint, however <br />does not appear to further impact the adjacent neighbors' views from the north side. <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 expand the volume of the existing nonconforming home upwards <br />with the addition of a deck lakeward of the average lakeshore setback appears to <br />be reasonable on the Property as there are no options for a conforming expansion <br />of any portion of the home. The curved shoreline and extreme setbacks of the <br />neighboring homes result in the existing non -conforming condition. The Applicant <br />has proposed 105 square feet of hardcover removals to offset the new deck <br />hardcover. <br />b. The plight of the landowneris due to circumstances unique to his property not created <br />by the landowner. <br />The location of the existing home, the curved shoreline, and extreme setback location <br />of the neighboring homes, and existing hardcover are conditions not created by the <br />landowners; and <br />c. The variance, if granted, will not alter the essential character of the locality." <br />It does not appear that the requested average lakeshore setback variance to <br />expand the home over the existing footprint will adversely impact views of the lake <br />currently enjoyed by the adjacent property owners or alter the character of the <br />locality as many of the homes in the neighborhood have a 2nd story. Further, the <br />Applicant's proposed hardcover removals will offset the new hardcover resulting <br />from the deck. <br />4. "Economic considerations alone do not constitute practical difficulties." Economic <br />considerations have not been a factor in the variance approval determination. <br />