11-14-2022 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7309 3 3. The Properties are the subject of the Subdivision Exception (#LA21-000078) whereby prior to recording Resolution No. 7309, the legal descriptions will be revised to reflect the new boundary lines. 4. Resolution No. 7309 will be recorded after the certification of the new legal descriptions addressed in Subdivision Exception file LA21-000078. 5. The Abbott Property contains 0.86 acre in area and has a defined lot width of 90 feet; the Oare Property contains 0.73 acre in area and has a defined lot width of 100 feet. 6. The Properties are within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 7. Applicant has applied for the following variances: a. Hardcover Variance on the Abbott Property b. Hardcover Variance on the Oare Property 8. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances 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 properties are challenged by the location and orientation of existing improvements so some level of hardcover variance approval may be appropriate. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The Applicants’ proposal eliminates existing nonconformities resulting from the substandard lot sizes, unique configuration, and average lakeshore setback orientation. 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.