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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO.7352 <br />2 <br />1.This application was reviewed as Zoning File #LA22-000070. The analysis contained within staff <br />memos and the exhibits attached to the aforesaid memos, all minutes from the above-mentioned <br />meetings, and any and all other materials distributed at these meetings are hereby i ncorporated by <br />reference. <br />2.The Property is located in the RR-1A One-Family Rural Residential Zoning District. <br />3.The Property contains 0.65 acres in area or 28,531 square feet. <br />4.Applicant has applied for the following variance: <br />a.Side Yard Setback <br />5.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 proposed variance is in harmony with the purpose of the Ordinance. <br />The proposed side yard setback is reasonable for a lot that is substandard in size and width. <br />2.“Variances shall only be permitted . . . when the variances are consistent with the comprehensive <br />plan.” The proposed variance to allow an existing deck and deck stairs to remain in place serving <br />a single-family home is consistent with the comprehensive plan. <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 request to permit an already constructed deck and deck stairs 17.3 feet from the <br />northern property line is reasonable for a lot that is substandard in width and size. <br />b.The plight of the landowner is due to circumstances unique to his property not created by the <br />landowner. <br />The placement of the deck and deck stairs was not the result of the homeowner’s actions.