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Resolution 7336
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3838 Cherry Avenue - 08-117-23-33-0003
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Resolution 7336
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Last modified
8/22/2023 5:44:16 PM
Creation date
2/13/2023 2:25:22 PM
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x Address Old
House Number
3838
Street Name
Cherry
Street Type
Avenue
Address
3838 Cherry Ave
Document Type
Resolutions
PIN
0811723330003
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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />No.7336 <br />neighbors are in harmony with the Ordinance. The reductions in hardcover and are also <br />in harmony with the Ordinance. <br />2. "Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan." The variances resulting in modifications to the existing home <br />including volume and footprint expansions in a residential zone are consistent with the <br />Comprehensive Plan. The applicant has identified necessary practical difficulties inherent <br />to the land supporting their requests. The minimization of the structural massing of the <br />new second story within the lake setbacks 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 existing principal structure is situated almost entirely within the lake and <br />average lakeshore setbacks. The proposed expansion of the home lakeward of <br />the average lakeshore setback and within the 75 -foot lake setback is reasonable <br />as the second story has been designed to minimize the lakeside massing. <br />Additionally the variance reduce hardcover on the Property is consistent with the <br />Comprehensive Plan. <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />The existing house was not constructed by the Applicants. They have a right to <br />maintain or re -build the existing nonconforming home in-kind. The proposed home <br />expansions have been designed to minimize impacts to the lake and to <br />neighboring properties. Additionally, the nonconforming hardcover is proposed to <br />be reduced; and <br />c. The variance, if granted, will not alter the essential character of the locality." <br />The proposed variances to expand the footprint and the volume of the home will <br />not increase any nonconforming setback and will result in a reduction of hardcover. <br />The proposal has been designed to fit within the character of the neighborhood. <br />The home expansions and reduced hardcover are supported by practical difficulty <br />and are consistent with the Comprehensive Plan. <br />
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