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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />No. 7393 <br />A3. The Property contains 0.44 acres in area and has a defined lot width of 100 feet. <br />A4. The Property is within Tier 1 and hardcover is limited to 25% according to the <br />Stormwater Quality Overlay District. <br />A5. Applicant has applied for the following variance: <br />a. Average Lakeshore 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 variance is in harmony with the purpose <br />of the Ordinance. The Property includes difficulties in its topography and the orientation of <br />adjacent homes. The average Lakeshore setback variance will not further impact views of <br />the lake for adjacent properties. <br />B2. "Variances shall only be permitted ... when the variances are consistent with the <br />comprehensive plan." The proposed variance to construct a deck on the Property is <br />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 properly 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 the deck and stair in the proposed location partially within the <br />average lakeshore setback appears to be reasonable considering the orientation <br />of the neighboring homes with respect to the lakeshore the existing vegetative <br />screening, the topography, and adjacent properties. The request is reasonable. <br />b. The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner. The Applicants did not build the home. The linear <br />nature of the shoreline resulting in neighboring home locations all in a continuous <br />2 <br />