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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