06-12-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7371 2 4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Average Lakeshore Setback 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surr ounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The average lakeshore setback variance is required for the expansion of a lakeside deck. The neighboring properties to the north and south are positioned in a way that the existing deck and the proposed expansion does not impact views of the lake. The requested expansion of approximately 205 square feet is minimal, does not impact lake views, and increases enjoyment of the subject property. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variance resulting in an expanded lakeside deck for a residential use is consistent with the comprehensive plan. There have been instances when the City has granted variances from average lakeshore setback when the proposal does not disrupt neighboring views of the lake and is not within the 75-foot setback. The proposed deck expansion is not likely to impact any lake views and is not within the 75-foot setback. This criterion is met. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The existing deck was constructed prior to the City’s current regulations. The current deck is nonconforming and within the average lakeshore setback. The expansion of the deck increases the use and enjoyment of the lake property and is a reasonable request. The proposal preserves the intent of the ordinance by not disrupting any neighboring lake views. This criterion is met.