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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. 7325 <br /> <br /> <br />3 <br /> <br />PRACTICAL DIFFICULTY 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 use for a golf course on this size property follows <br />the general intent of the ordinance. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The proposed addition is well within the required setbacks and is <br />minimally changing the nature of what is currently existing on the site. The proposal is in <br />line with the City of Orono 2040 Comprehensive Plan, which includes maintaining the <br />natural character of the site, minimizing impacts to neighbors (screening, sound <br />buffering), and natural resource impacts such as hardcover, grading, tree removal, and <br />the control of storm water runoff off site. <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 <br />manner, however, the proposed use is not permitted by the official controls. <br /> <br />The golf course use is permitted through an approved conditional use permit, and <br />the improvements proposed to support this use are reasonable. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner. <br /> <br />The applicant is proposing to construct an addition to an existing accessory <br />structure on the site to support the permitted use oriented to improve upon the <br />existing condition; and <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” <br /> <br />The proposed addition is intended to improve upon an existing structure and <br />supporting hardscape to support the golf course use. The proposed addition is fully <br />screened by existing vegetation from surrounding residential properties. <br /> <br />4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations have not been a factor in the variance approval determination. <br /> <br />5. “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