09-11-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7399 2 3. The Property contains 52,209 square feet in area and has a defined lot width of 195 feet at the 75- foot lakeshore setback and a lot width of 190 feet at the OHWL. 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. Average Lakeshore Setback 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance 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 . . . .” An average lakeshore setback variance is required for the construction of a screened in porch addition on top of the existing deck’s footprint. Approximately 5 feet of the current deck is within the average lakeshore setback and therefore expansion would not be permitted. The intent of the ordinance is to preserve and protect lake views enjoyed from neighboring properties. The neighboring property to the south is not impacted by the existing deck or the proposed expansion. The requested screened in porch addition creates a new vertical encroachment in the average lakeshore setback, however does not create any further footprint expansion and all other setbacks including the 75-foot lake setback are met. The hardcover on the subject property will remain the same and is in compliance with the ordinance. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variance resulting in a screened in porch addition for a residential use is consistent with the comprehensive plan. There have been instances when the City has granted variances from average lakeshore setback when the proposal does not disrupt neighboring views of the lake and is not within the 75-foot setback. The proposed addition is within the footprint of an existing deck and expansion is not likely to impact any lake views. 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.