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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. 7424 <br /> <br />2 <br /> <br />FINDINGS OF FACT: <br /> <br />1. This application was reviewed as Zoning File #LA23-000059. The analysis contained within staff <br />memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned <br />meetings, and any and all other materials distributed at these meetings are hereby incorporated by <br />reference. <br /> <br />2. The Property is located in the LR-1B One Family Lakeshore Residential Zoning District. <br /> <br />3. The Property contains 74,496 square feet in area. <br /> <br />4. Applicant has applied for the following variances: <br />a. Average Lakeshore Setback <br /> <br />5. 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 variance upon the <br />health, safety and welfare of the community, existing and anticipated traffic conditions, light and <br />air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding <br />area. <br /> <br />ANALYSIS: <br /> <br />1. “Variances shall only be permitted when they are in harmony with the general purposes and intent <br />of the ordinance . . . .” An average lakeshore setback variance is required for the construction of a <br />6-foot screen fence. Much of the existing home is located in front of the average lakeshore setback <br />line. The proposed fence is located on the southern side of the home. The property is situated at a <br />lower grade than the impacted neighbor to the south. The neighboring properties also have dense <br />vegetative screening between the two. The neighboring property to the south would not be impacted <br />by the proposed project. The structure meets the 75-foot lake setback and the property is proposed <br />to remain in compliance with the hardcover regulations. This criterion is met. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive <br />plan.” The variances to permit a reasonable front entry to the home and extend the roof over two <br />other doors to the home is reasonable and consistent with the comprehensive plan. This criterion is <br />met. The property is being used for a single family home consistent with the comprehensive plan. <br />The proposed wall height is not likely to impact any lake views. This criterion is met. <br /> <br />3. “Variances may be granted when the applicant for the variance establishes that there are practical <br />difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with <br />the granting of a variance, means that: