08-14-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7392 2 3. The Property contains 18,831 square feet in area and has a defined lot width of 150 feet. 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. Rear Yard Setback b. Lot Area c. Lot Width 6. In considering this application for a variance, 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 . . . .” The variances for the construction of a new single-family home on a substandard parcel are supported by practical difficulties. The proposed home is in a similar location as the existing home on the property and improves certain nonconformities. The existing topography of the site and site elements such as an existing storm drain limit the placement of the home. The proposed home meets all required setbacks except for the rear yard setback of 50 feet. The requested variance is for a 45-foot rear yard setback. The construction of a new home is in harmony with the general intent of the Ordinance due to the practical difficulties of the substandard lot size, topography, and location of the existing site elements. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variances resulting in a new single-family home constructed in a residential district is consistent the Comprehensive Plan. The applicant has identified necessary practical difficulties inherent to the land supporting their requests. 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.