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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. 7380 <br /> <br />2 <br /> <br /> <br />4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality <br />Overlay District. <br /> <br />5. Applicant has applied for the following variances: <br />a. Accessory Building Placement <br /> <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 /> <br />ANALYSIS: <br /> <br />1. “Variances shall only be permitted when they are in harmony with the general purposes and intent <br />of the ordinance . . . .” The variance for the construction of a new accessory building is supported <br />by practical difficulties. The placement of the existing home on the lot prevents a compliant location <br />for an accessory building. This criterion is met. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive <br />plan.” The variance resulting in the construction of a new accessory building in a residential zone <br />is consistent with the Comprehensive Plan. The applicant has identified necessary practical <br />difficulties inherent to the land supporting their requests. This criterion is met. <br /> <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 /> <br />Constructing a new accessory building to be used as a detached garage is a reasonable use <br />of the property. The current garage cannot be expanded due to topographical limitations. <br />The applicant has demonstrated practical difficulties in the topography and placement of <br />existing improvements on the lot. This criterion is met. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not created by the <br />landowner. <br /> <br />The placement of the existing home is unique to the property was not created by the <br />landowner; and