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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. 7463 <br /> <br />2 <br /> <br /> <br />4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality <br />Overlay District. <br /> <br />5. Applicant has applied for the following variances: <br />a. Average Lakeshore Setback <br /> <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 /> <br />ANALYSIS: <br /> <br />1. “Variances shall only be permitted when they are in harmony with the general purposes and intent <br />of the ordinance . . . .” The subject property is currently vacant. The average lakeshore setback line <br />is extreme due to the location of the neighboring homes. There is no compliant building envelope. <br />The proposed home will meet all other setback requirements and has been designed to minimize <br />impacts on the neighboring lake views. The proposed project is in harmony with the general intent <br />of the Ordinance due to the practical difficulties present. This criterion is met. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive <br />plan.” The construction of a new single-family home on a conforming lot is consistent with the <br />Comprehensive Plan. The applicant has identified the necessary practical difficulties inherent to <br />the land supporting their request. This criterion is met. <br /> <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 /> <br />The construction of a new single-family home is a reasonable use of the property. This <br />criterion is met. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not created by the <br />landowner. <br /> <br />The shape of the lot and the location of the neighboring homes is not the result of the <br />current property owner’s actions; and <br />104