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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. 7364 <br /> <br /> <br />2 <br /> <br /> <br />A4. The Property is within Tier 1 and hardcover is limited to 25% according to the <br />Stormwater Quality Overlay District. <br /> <br />A5. Applicant has applied for an average lakeshore setback variance. <br /> <br />A6. 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 <br />upon the health, safety and welfare of the community, existing and anticipated traffic <br />conditions, light and air, danger of fire, risk to the public safety, and the effect on values <br />of property in the surrounding area. <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 lot includes difficulties due to the channel nature of <br />the shoreline and location of adjacent lots/homes. The purpose of the Ordinance is to <br />protect the lake views enjoyed from neighboring properties. The proposed home location <br />will not impact the existing views from the home at 4455 West Branch Road. The <br />proposed home will be behind the 75’ setback. <br /> <br />B2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The average lakeshore setback is extreme, and there are <br />instances when the City has granted variances to the average lakeshore setback when <br />the home does not encroach in the 75’ setback or disrupt the neighboring views. <br />Construction of a home in the proposed location will not impair views from adjacent <br />properties. The proposed variance is 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 the home in the proposed location within the <br />average lakeshore setback is reasonable and preserves the intent of the <br />ordinance by not disrupting the view of the lake by neighboring properties. This <br />criterion is met. <br /> <br />