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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> NO. 7296 <br /> <br /> <br />2 <br /> <br />the above mentioned meetings, and any and all other materials distributed at these <br />meetings are hereby incorporated by reference. <br /> <br />2. The Property is located in the LR-1B Zoning District. <br /> <br />3. The Property contains 0.37 acres in area and has a defined lot width of 51 feet. <br /> <br />4. Applicants have applied for the following variances: <br />a. Rear and Side Yard Setback Variances <br /> <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 variances <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. “Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance . . . .” The proposed variances are in harmony with the <br />purpose of the Ordinance. The small lot includes difficulties in its small size and width, <br />and is challenged by Elmwood Avenue which runs through the Property. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The proposed variances to use the Property for a single family <br />dwelling with an attached garage and a deck are consistent with the comprehensive <br />plan. <br /> <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 proposed project including garage and deck additions on a substandard lot <br />within the street and side yard setback appears to be reasonable due to the <br />existing conditions of the home and the limited building envelope of the Property. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner. <br />The substandard lot area, width, location of the roadway bisecting the Property <br />within the LR-1B zoning district prevent a residential footprint consistent with the