Resolution 7417 Variance 2795 Shadywood

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�°moo KeSHQ f. A Conditional Use Permit CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 7417 A6. 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. VARIANCE ANALYSIS: B1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The proposed variances are in harmony with the purpose of the Ordinance. The Property has difficulties in its substandard size and width, the proximity to the channel, the 75-foot lake setback, the existing home location, and the floodplain areas of the property making development difficult. B2. "Variances shall only be permitted ... when the variances are consistent with the comprehensive plan." The variances proposed to rebuild a new home in the same footprint on this nonconforming lot are consistent with the comprehensive plan. B3. "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 properly in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of a new residence on the existing foundation on the substandard lot is reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The substandard lot size is an existing condition, there is no available land with which to make the Property more conforming. The existing conditions, lot size, and location are challenges not created by the Owners. There should be consideration for variances for the Property which is substandard in area and setback requirements. The project has been designed with an effort toward limiting the additional hardcover without sacrificing functionality; and c. The variance, if granted, will not alter the essential character of the locality. " The variances are requested in order to permit construction of a new home in the same footprint, which is reasonable. Hardcover and setback improvements are being made.