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Resolution 7463 Variance
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Resolution 7463 Variance
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Last modified
10/30/2024 1:26:58 PM
Creation date
4/9/2024 10:51:16 AM
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Template:
Address
House Number
797
Street Name
Ferndale
Street Type
Road
Street Direction
North
Document Type
Resolutions
Permit Number
LA24-000009
PIN
3611823120017
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-, L_Oiv-p CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> F G NO. 7463 <br /> t4KES H O0' <br /> 4. The Property is within Tier 1 and hardcover is limited to 25%according to the Stormwater Quality <br /> Overlay District. <br /> 5. Applicant has applied for the following variances: <br /> a. Average Lakeshore 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 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 /> 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 /> 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 construction of a new single-family home is a reasonable use of the property. This <br /> 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 /> 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 /> 2 <br />
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