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�OAT CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> 11L <br /> l� �: NO. 7340 <br /> -q"Es H Ov-f' <br /> ANALYSIS: <br /> B1."Variances shall only be permitted when they are in harmony with the general purposes <br /> and intent of the ordinance . . . ." The intent of the ordinance is to establish minimum lot <br /> sizes and protect against overcrowding. The proposed variances do not negatively <br /> impact the goals. The Applicants' proposal would serve to improve some existing <br /> nonconformities in the substandard lot width and area. <br /> B2."Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The use of the properties for single family residential homes is <br /> consistent with the comprehensive plan. <br /> B3."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. The <br /> request to move the shared property line between two nonconforming lots <br /> improves nonconforming lot width and area for the Briar Property while not <br /> further impacting the buildability of the Arbor Property. <br /> b. The plight of the landowner is due to circumstances unique to his property not <br /> created by the landowner. The property positioning was not the result of the <br /> landowners. The proposed boundary line adjustment is a reorientation of the <br /> previously platted properties. The suggested reorientation of the properties <br /> results in an improved orientation in keeping with the neighborhood character; <br /> c. The variance, if granted, will not alter the essential character of the locality." The <br /> lots are both nonconforming as they pertain to lot area and width. Altering the lot <br /> line between the properties improves the nonconformity for the Briar Property but <br /> increases the area nonconformity for the Arbor Property. The boundary line <br /> adjustment results in the Arbor Property having a buildable area generally in line <br /> with the other homes along that street. There will be little impact to the character <br /> of the area. <br /> B4."Economic considerations alone do not constitute practical difficulties." Economic <br /> considerations have not been a factor in the variance approval determination. <br /> B5."Practical difficulties also include but are not limited to inadequate access to direct sunlight <br /> for solar energy systems. Variances shall be granted for earth-sheltered construction as <br /> 3 <br />