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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. 7411 <br /> <br /> <br />2 <br /> <br />FINDINGS OF FACT: <br /> <br />A1. The analysis contained within staff memos and the exhibits attached to the aforesaid <br />memos, all minutes from the above-mentioned meetings, and any and all other materials <br />distributed at these meetings are hereby incorporated by reference. <br /> <br />A2. The Property is located in the LR-1C Zoning District. <br /> <br />A3. The Property is within Tier 1 and hardcover is limited to 25% according to the <br />Stormwater Quality Overlay District. <br /> <br />A4. Applicant has applied for the following variance: <br />a. Average Lakeshore Setback Variance <br /> <br />A5. 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 />B1. “Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance . . . .” The property includes difficulties in the depth and <br />orientation of the shoreline. The requested average lakeshore setback variance will not <br />result in blocking views of the lake for the neighboring properties. The proposed variance <br />is in harmony with the purpose of the Ordinance. <br /> <br />B2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The home is situated approximately 140 feet from the lake, and the <br />roofed porch is approximately 137 feet from the lake. The encroachments will not disrupt <br />lake views from neighboring homes; the proposed variance is consistent with the <br />comprehensive plan. <br /> <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 /> <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. The <br />request to permit a portion of the home and roofed porch in the proposed location