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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 7452 <br />3 <br />5.Applicant has applied for the following variances: <br />a. Average Lakeshore Setback <br />b.Bluff Setback <br />6.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 />ANALYSIS: <br />1. “Variances shall only be permitted when they are in harmony with the general purposes and <br />intent of the ordinance . . . .” The proposed variance is in harmony with the purpose of the <br />Ordinance. The existing home on the property is located within the average lakeshore setback and <br />encroaches into the bluff setback. The proposed home will be a similar distance from the OHWL <br />and will not negatively impact the neighboring view of the lake. The proposed home will be <br />pulled out of the bluff setback and thus only requiring bluff setback variances in order to <br />construct a driveway for access and for minor grading and retaining wall work. This criterion is <br />met. <br />2.“Variances shall only be permitted . . . when the variances are consistent with the comprehensive <br />plan.” The proposed variance is consistent with the comprehensive plan. The comprehensive plan <br />emphasizes the protection of natural resources and limiting hardcover. The existing home on the <br />property is located within the bluff setback. The proposed home will be pulled out of this setback. <br />The proposed project is conforming as it relates to hardcover. This criterion is met. <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: <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. <br />The proposed driveway access and minor grading and retaining wall work within the bluff <br />setback and impact zone is supported by practical difficulties and therefore is a reasonable <br />use of the property. This criterion is met. <br />b.The plight of the landowner is due to circumstances unique to his property not created by the <br />landowner. <br />163