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*I\A <br /> CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 7449 <br /> kESH00* <br /> A3. The peninsula Property contains 7.3 acres in area. <br /> A4. The Property is within Tier 1 and hardcover is limited to 25% according to the <br /> Stormwater Quality Overlay District. <br /> A5. The location of the adjacent homes results in an average lakeshore setback which <br /> eliminates the buildable envelope. <br /> A6. The Applicant has applied for an average lakeshore setback variance. <br /> A7. In considering this application for variance, the Council has considered the advice and <br /> recommendation of the Planning Commission and the effect of the proposed variance <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 /> ANALYSIS: <br /> B1."Variances shall only be permitted when they are in harmony with the general purposes <br /> and intent of the ordinance . . . ." The requested average lakeshore setback variance is <br /> the minimum necessary to develop the Property and will result in no view loss from either <br /> neighbor. The request is in harmony with the ordinance. <br /> B2."Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The requested variance does not result in an adverse view impact <br /> for either neighbor, therefore it is consistent with the Comprehensive Plan. <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 /> a. The property owner in question proposes to use the property in a reasonable <br /> manner, however, the proposed use is not permitted by the official controls. The <br /> proposed home and detached garage are reasonable as they are smaller in <br /> scale and are to be located further from the lake than the existing residence. <br /> This criterion is met. <br /> b. The plight of the landowner is due to circumstances unique to his property not <br /> created by the landowner. The Property is unique having lakeshore on two sides <br /> and acts as a corner lot abutting a channel. The property owner has no control <br /> over the placement of the homes on the adjacent lakeshore lots although they <br /> 2 <br />