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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. 7394 <br /> <br /> <br />2 <br /> <br /> <br />2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District. <br /> <br />3. The Property contains 0.8 acres in area and has a defined lot width of 122 feet. <br /> <br />4. The Property is within Tier 1 and hardcover is limited to 25% according to the <br />Stormwater Quality Overlay District. <br /> <br />5. Applicant has applied for the following variance: <br />a. Average Lakeshore Setback Variance <br /> <br />6. 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 />1. “Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance . . . .” The proposed variance is in harmony with the purpose <br />of the Ordinance. The Property includes difficulties in its shape, the existing dense <br />vegetation along both property lines, the orientation of the shoreline, location of adjacent <br />homes, and the existing home’s proximity to the lake. The average lakeshore setback <br />variance to modify the roof will not further impact views of the lake for adjacent <br />properties. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The proposed variance to permit the change in the roof <br />configuration on the Property is consistent with the comprehensive plan. <br /> <br />3. “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. <br /> <br />The request to permit construction of the portions of the roof structure in the <br />proposed location partially within the average lakeshore setback appears to be <br />reasonable considering the orientation of the neighboring homes with respect to