07-10-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7381 2 2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District. 3. The Property contains 23,247 square feet in area and has a defined lot width of 75.14 feet at the 75- foot lakeshore setback and a lot width of 75.14 feet at the OHWL. 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. 75 foot 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 surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” Preserving and protecting existing trees in the lake yard is in harmony with the intent of the ordinance. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The proposed retaining walls will continue to maintain the integrity of the slope and protect the existing tree. The proposal is consistent with the comprehensive plan. 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 owner has proposed retaining walls to protect the existing tree. The existing failing walls are not the result of actions by the owner. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner.