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icL-O�p CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> �� �� NO. 7452 <br /> t�kESHO4t <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 /> 3 <br /> I <br />