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-Wisv CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> �¢ �` NO. 7362 <br /> 4x.EsH09-c" <br /> 6. In considering this application for variances, the Council has considered the advice and <br /> recommendation of the Planning Commission and the effect of the proposed variances 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 variances for the construction of a new single-family home on an <br /> existing,nonconforming foundation and substandard parcel are supported by practical difficulties. <br /> Much of the existing home is located within the 75-foot lakeshore setback, in front of the average <br /> lakeshore setback line and closer to the rear property line than the required rear yard setback. The <br /> proposal is to build a new home on top of the existing foundation and keep the existing lakeside <br /> decks. The lot currently contains a detached garage within the 75-foot lakeshore setback. The <br /> applicant is requesting to demolish this structure and construct an attached garage in a similar <br /> location. This slightly increases the hardcover within the 75-foot lakeshore setback by 155 square <br /> feet. The expanded massing in front of the ALS is largely due to a steeper roof pitch to allow for a <br /> better insulated roof that will be able to shed snow effectively. The existing home does not meet <br /> the required rear yard setback of 30 feet. The proposal is to rebuild a new home on the existing <br /> foundation and to expand the footprint for a front porch. The front porch expansion is in the same <br /> plane as the existing wall, however due to the angle of the lot a reduced rear yard setback is <br /> requested. The construction of a new home on top of an existing, nonconforming foundation is in <br /> harmony with the general intent of the Ordinance due to the practical difficulties of the substandard <br /> lot size,extreme setback requirements,and location of the existing structures.This criterion is met. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive <br /> plan." The variances resulting in a new single-family home constructed on a nonconforming <br /> foundation is consistent with the Comprehensive Plan. The applicant has identified necessary <br /> practical difficulties inherent to the land supporting their requests. The overall reduction in total <br /> hardcover bringing the lot into conformance is also consistent with the goals of the Comprehensive <br /> Plan. This criterion is met. <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 construction of a new single-family is a reasonable use of the property.The additional <br /> hardcover within the lake yard setback and massing requested is supported by practical <br /> 3 <br />