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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. 7324 <br /> <br /> <br />2 <br /> <br /> <br />3. The Property contains 1.02 acres in area and has a defined lot width of 122 feet at the 75- <br />foot lakeshore setback and a lot width of 195 feet at the OHWL. <br /> <br />4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater <br />Quality Overlay District. <br /> <br />5. Applicant has applied for the following variance: <br />a. Average Lakeshore Setback <br /> <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 <br />upon the health, safety and welfare of the community, existing and anticipated traffic <br />conditions, light and air, danger of fire, risk to the public safety, and the effect on values <br />of property in the surrounding area. <br /> <br />ANALYSIS: <br /> <br />1. “Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance . . . .” The applicant is proposing to construct a new single- <br />family home on a residential lot which is consistent with the intent of the ordinance. The <br />location of the property on a peninsula creates a unique situation where there is no <br />conforming building envelope due to the extreme Average Lakeshore Setback. The <br />requested variance is reasonable in order to construct a new house in a similar location <br />to the existing house on the property. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” A new single-family residence in a residential zone which is <br />consistent with the Comprehensive Plan. <br /> <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 /> <br />The applicant is proposing to use the property in a reasonable manner with the <br />construction of a new single-family home. The location of the property on a <br />peninsula creates an extreme Average Lakeshore Setback. A variance from this <br />setback requirement is necessary in order to have a buildable area. The location