01-23-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7336 3 neighbors are in harmony with the Ordinance. The reductions in hardcover and are also in harmony with the Ordinance. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variances resulting in modifications to the existing home including volume and footprint expansions in a residential zone are consistent with the Comprehensive Plan. The applicant has identified necessary practical difficulties inherent to the land supporting their requests. The minimization of the structural massing of the new second story within the lake setbacks is consistent with the Comprehensive Plan. 3. “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 existing principal structure is situated almost entirely within the lake and average lakeshore setbacks. The proposed expansion of the home lakeward of the average lakeshore setback and within the 75-foot lake setback is reasonable as the second story has been designed to minimize the lakeside massing. Additionally the variance reduce hardcover on the Property is consistent with the Comprehensive Plan. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing house was not constructed by the Applicants. They have a right to maintain or re-build the existing nonconforming home in-kind. The proposed home expansions have been designed to minimize impacts to the lake and to neighboring properties. Additionally, the nonconforming hardcover is proposed to be reduced; and c. The variance, if granted, will not alter the essential character of the locality.” The proposed variances to expand the footprint and the volume of the home will not increase any nonconforming setback and will result in a reduction of hardcover. The proposal has been designed to fit within the character of the neighborhood. The home expansions and reduced hardcover are supported by practical difficulty and are consistent with the Comprehensive Plan.