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.�� CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> 1. <br /> e )1 �,� NO. 7364 <br /> ��xEsHo�� <br /> A4. The Property is within Tier 1 and hardcover is limited to 25% according to the <br /> Stormwater Quality Overlay District. <br /> A5. Applicant has applied for an average lakeshore setback variance. <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 /> ANALYSIS: <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 /> 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 /> 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 /> 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 /> 2 <br />