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CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 7382 <br /> �4xEsHO�� <br /> A3. The Property contains 1.0 acres in area and has a defined lot width of 185 feet. <br /> A4. The Property is legally nonconforming as it was platted prior to the current zoning <br /> standards. <br /> A5. Applicants have applied for a front yard 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 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 /> 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 /> 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 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 /> 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 <br /> 2 <br />