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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. 7368 <br /> <br /> <br />3 <br /> <br />ANALYSIS: <br /> <br />B1. “Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance . . . .” The proposed variances are in harmony with the <br />purpose of the Ordinance. The substandard lot has difficulties in its small size and width, <br />the unique access over the easement on the rear, the proximity to the channel, the 75- <br />foot lake setback, the existing mature trees along the channel, the existing home location, <br />and the low elevation of the property making development difficult. <br /> <br />B2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The variances proposed to rebuild a new home in the same <br />footprint on this nonconforming lot are consistent with the comprehensive plan. <br /> <br />B3. “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 /> <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. The <br />request to permit construction of a new residence on the existing foundation on <br />the substandard lot is reasonable. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner. The substandard lot size is an existing condition, there <br />is no available land with which to make the Property more conforming. The <br />restricted driveway access, and lot size and location are challenges not created <br />by the owners. There should be consideration for variances for the property <br />which is substandard in area and setback requirements. The project has been <br />designed with an effort toward limiting the additional hardcover without sacrificing <br />functionality; and <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” The <br />variances are requested in order to permit construction of a new home in the <br />same footprint, which is reasonable. <br /> <br />B4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations have not been a factor in the variance approval determination. <br /> <br />B5. “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