Resolution 7424 Variance 980 Tonkawa

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL jiilL l G~ NO. 7424 FINDINGS OF FACT: 1. This application was reviewed as Zoning File#LA23-000059. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1B One Family Lakeshore Residential Zoning District. 3. The Property contains 74,496 square feet in area. 4. Applicant has applied for the following variances: a. Average Lakeshore Setback 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 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 6-foot screen fence.Much of the existing home is located in front of the average lakeshore setback line. The proposed fence is located on the southern side of the home. The property is situated at a lower grade than the impacted neighbor to the south. The neighboring properties also have dense vegetative screening between the two.The neighboring property to the south would not be impacted by the proposed project. The structure meets the 75-foot lake setback and the property is proposed to remain in compliance with the hardcover regulations. This criterion is met. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variances to permit a reasonable front entry to the home and extend the roof over two other doors to the home is reasonable and consistent with the comprehensive plan.This criterion is met. The property is being used for a single family home consistent with the comprehensive plan. The proposed wall height 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: 2