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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. 7410 <br /> <br /> <br />3 <br /> <br />3. The Property contains 1.86 acres in area and has a defined lot width of 230 feet at the <br />OHWL. <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 variances: <br />a. Hardcover variance to permit changes to the hardcover and structures within the <br />75-foot lake setback. <br />b. Lake setback variance to permit changes to the improvements within the 75-foot <br />lake setback. <br />c. Wetland setback variance to permit changes to the hardcover and structures <br />within the 25-foot wetland setback. <br /> <br />6. In considering this application for variances, the Council has considered the advice and <br />recommendation of the Planning Commission and the effect of the proposed variances <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. The variance is in harmony with the general intent and purpose of the Ordinance. The <br />proposed variances are in harmony with the intent and purpose of the Ordinance. <br />The goal of the ordinance is to reduce or eliminate improvements in the lake yard, <br />the proposal shifts away from the lake yard as much as practical. This criterion is <br />met. <br /> <br />2. The variance is consistent with the comprehensive plan. The proposed variances to <br />conduct improvements to a nonconforming lot of record are consistent with the <br />comprehensive plan. <br /> <br />3. The applicant establishes that there are practical difficulties. <br /> <br />a. The property owner proposes to use the property in a reasonable manner not <br />permitted by the official controls; The request to permit residential <br />improvements on the substandard lot within the lake and wetland setbacks <br />appears to be reasonable considering the Property’s small size and its <br />orientation with respect to the lakeshore on two sides and wetland area <br />impacting the Property. The hardcover changes proposed within the lake <br />and wetland setbacks appear to be reasonable.