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p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7352 4 Es HO0' 1. This application was reviewed as Zoning File#LA22-000070. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above-mentioned meetings,and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the RR-1A One-Family Rural Residential Zoning District. 3. The Property contains 0.65 acres in area or 28,531 square feet. 4. Applicant has applied for the following variance: a. Side Yard Setback 5. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire,risk to the public safety,and the effect on values of property in the surrounding area. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." The proposed variance is in harmony with the purpose of the Ordinance. The proposed side yard setback is reasonable for a lot that is substandard in size and width. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The proposed variance to allow an existing deck and deck stairs to remain in place serving a single-family home 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 request to permit an already constructed deck and deck stairs 17.3 feet from the northern property line is reasonable for a lot that is substandard in width and size. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The placement of the deck and deck stairs was not the result of the homeowner's actions. 2