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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. 7417 <br /> <br /> <br />3 <br /> <br />f. A Conditional Use Permit <br /> <br />A6. 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 variances <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 />VARIANCE 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 proposed variances are in harmony with the <br />purpose of the Ordinance. The Property has difficulties in its substandard size and width, <br />the proximity to the channel, the 75-foot lake setback, the existing home location, and the <br />floodplain areas of the property making development difficult. <br /> <br />B2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The variances proposed to rebuild a new home in the same <br />footprint on this nonconforming lot are consistent with the 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 manner, <br />however, the proposed use is not permitted by the official controls. The request to <br />permit construction of a new residence on the existing foundation on the <br />substandard lot is reasonable. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. The substandard lot size is an existing condition, there is no <br />available land with which to make the Property more conforming. The existing <br />conditions, lot size, and location are challenges not created by the Owners. There <br />should be consideration for variances for the Property which is substandard in area <br />and setback requirements. The project has been designed with an effort toward <br />limiting the additional hardcover without sacrificing functionality; and <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” The <br />variances are requested in order to permit construction of a new home in the same <br />footprint, which is reasonable. Hardcover and setback improvements are being <br />made.