10-09-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7409 2 3. The Property contains 29.65 acres and has a defined lot width of 1,458 feet. 4. Applicant has applied for the following variances: a. Oversized Accessory Building Placement 5. In considering this application for variances, 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 variance for the construction of a new accessory building is supported by practical difficulties. The lot is limited by a conservation easement that does not allow for construction on most of the 29-acre parcel. The proposed oversized accessory building will be used as a barn that serves the horse pastures and farmland that currently exist of the property. Furthermore, the accessory building is setback far enough from the street that it will have little to no impact on neighboring properties. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variance resulting in the construction of a new accessory building in a residential zone is consistent with 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. Constructing a new oversized accessory building to be used as a barn is a reasonable use of the property. The property as it exists today is used as farmland and horse pastures. The placement of the barn on the property serves this accessory use. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner.