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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 7447 <br />EsHO <br />FINDINGS OF FACT: <br />Al. The analysis contained within staff memos and the exhibits attached to the aforesaid <br />memos, all minutes from the above-mentioned meetings, and any and all other materials <br />distributed at these meetings are hereby incorporated by reference. <br />A2. The Property is located in the LR-1 C, One Family Lakeshore Residential Zoning District. <br />A3. The Property contains 0.3 acres in area and has a defined lot width of 50 feet. <br />A4. The Property is within Tier 1 and hardcover is limited to 25% according to the <br />Stormwater Quality Overlay District. The Property currently has a hardcover level of <br />33.5% <br />A5. The Applicant has applied for a Hardcover Variance. <br />A6. City Code Section 78-72 allows for the administrative approval of relocation or a change <br />to an existing legal nonconforming use. However, the request to change the driveway <br />hardcover to structural/building hardcover, increasing the mass of the nonconformity, <br />cannot be approved administratively. <br />A7. The Applicant's plan reflects a 155 square-foot reduction in hardcover resulting in a <br />proposed total of 32.3%. <br />A8. In considering this application for a 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 hardcover variance resulting in a reduction of <br />legally nonconforming hardcover 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 results in a reduction of hardcover which is <br />consistent with the goals within the Comprehensive Plan. <br />2