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-cLOATQ CITY OF ORONO <br /> 1RESOLUTION OF THE CITY COUNCIL <br /> 111 <br /> 4 EsHo�� <br /> l NO. 73 42 <br /> 3. The Property contains 0.97 acres in area and has a defined lot width of 125 feet at the 75-foot <br /> lakeshore setback and a lot width of 112 feet at the OHWL. <br /> 4. The Property is within Tier 1 and hardcover is limited to 25%according to the Stormwater Quality <br /> Overlay District. <br /> 5. Applicant has applied for the following variance: <br /> a. Average Lakeshore Setback <br /> 6. 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 variance upon the <br /> health, safety and welfare of the community, existing and anticipated traffic conditions, light and <br /> air,danger of fire,risk to the public safety,and the effect on values of property in the surrounding <br /> area. <br /> ANALYSIS: <br /> 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent <br /> of the ordinance . . . ." The intent of the average lake shore setback is to preserve neighboring <br /> properties' views of the lake. The proposed encroachment will not impact these views. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive <br /> plan." The proposed use of the lot for residential purposes is consistent with the Comprehensive <br /> Plan,as is the preservation of lake views and Shoreland management. <br /> 3. "Variances may be granted when the applicant for the variance establishes that there are practical <br /> difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with <br /> 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 placement of the staircase is in a reasonable location given the intent of the ordinance <br /> to preserve views,and manage sensitive environmental concerns. <br /> b. The plight of the landowner is due to circumstances unique to his property not created by the <br /> landowner. <br /> The existing conditions of the existing home on the lot and the extreme average lakeshore <br /> setback due to the neighbor to the north are circumstances not created by the landowner. <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> 2 <br />