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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. 7382 <br /> <br /> <br />2 <br /> <br />A3. The Property contains 1.0 acres in area and has a defined lot width of 185 feet. <br /> <br />A4. The Property is legally nonconforming as it was platted prior to the current zoning <br />standards. <br /> <br />A5. Applicants have applied for a front yard 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 proposed 46-foot setback for the garage addition is <br />in keeping with the character of the neighborhood as Brown Road functions as a side <br />street. The Property has a limited buildable area due to the wetland, septic system <br />location, and substandard size. The requested variance is in harmony with the ordinance. <br /> <br />B2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The scale and type of variance proposed to construct a garage <br />addition within the front setback does not impact adjacent properties, will be screened by <br />vegetation, and 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 a small, approximately 21 square foot portion of the garage <br />addition within the required front setback appears to be reasonable as the <br />Property’s reduced buildable area and orientation with respect to the roadways <br />creates difficulties. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner. The home’s location and orientation with respect to the <br />wetland, Brown and Fox Run Roads are not the result of the homeowners’ <br />actions; and