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SON CITY OF ORONO RESOLUTION OF THE CITY COUNCIL *1\111LG� NO. 7339xEsH0v``` The current construction involved a new home on a vacant lot. The Applicant had the opportunity to design this project in a manner that complied with the City Code. This criterion is not met. B2."Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variance to permit additional hardcover within the 75-foot setback is inconsistent with the Comprehensive Plan. The Applicant has not identified anything unique about this project or lot that would justify allowing unique setbacks for this Property. The Applicant has not identified anything unique about this project which indicates this Property is inconsistent with the type of lots contemplated by the comprehensive plan. The increase in hardcover within the protected 75-foot setback from the OHWL is inconsistent with the Comprehensive Plan. This criterion is not met. B3."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. The property in question is zoned residential and the Applicant was allowed to build a home on the Property consistent with the City Code and surrounding properties. The Applicant has failed to demonstrate that they will not have a reasonable use of the Property without the necessary hardcover variance that allows them to construct two patios and an enlarged parking area within the 75-foot setback. Reasonable use of the Property is established with the existing principal structure including the minimal width access driveway. The request to permit an expansion of the driveway hardcover and to create two additional hardcover patio areas within the 75-foot lake setback is not reasonable. The hardcover that was installed was not shown on the original, approved plans which were consistent with the City Code. It is possible to access the existing home with significantly less hardcover. The proposal results in a square foot increase of hardcover within the 75-foot setback and is not reasonable. The variance to install new hardcover areas proposed within the 75-foot setback is inconsistent with the Comprehensive Plan. This criterion is not met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The new home on the Property was completed in 2022 by the Applicant. The driveway expansion and new patio areas were not included on the approved plans for the new home; no permits were obtained for the construction of the driveway or patios. The Applicant chose the size and design of the home and landscaping rather than allowing for more parking or 3