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g-0�0 <br /> C ITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> � <br /> 6490 <br /> � � <br /> `� G N o. <br /> �'�k�sxo��' <br /> 17. The City Council has considered this application including the findings and <br /> recommendations of the Planning Commission, reports by City staff, comments by the <br /> applicant and members of the public and the effect of the proposed variances and <br /> conditional use permit on the health, safety and welfare of the community. <br /> 18. The parameters within which a variance may be granted are as follows: <br /> (1) "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." <br /> The property owner is proposing to use the Property for Yesidential purposes, but <br /> requires four (4) variances to site the house. Granting a substantial number and <br /> degree of variances for that use is not reasonable given the unique site <br /> background and characteristics. The site was not originally created for full time <br /> habitation. <br /> (2) "The plight of the landowner is due to circumstances unique to his property not <br /> created by the landowner." <br /> The Property was platted before existing codes were enacted. While not created <br /> by the landowner, this circumstance is not unique, as a majority of the developed <br /> lots in tlze neighborhood were also platted prior to existing codes. The size of the <br /> other lots within the neighborhood were created to support year round habitation. <br /> (3) "The variance, if granted, will not alter the essential character of the locality." <br /> Granting the variances will alter the essential character of the locality. <br /> Considerations include: <br /> - The property at 0.22 acres is one-fifth the average size of developed residential <br /> lots within the immediate neighborhood. <br /> - The proposed lakeshore setback at 75 feet is significantly less than the setback <br /> of developed lakeshore lots within the immediate neighborhood, which range <br /> from 85 feet to 165 feet and average 112 feez <br /> - The proposed street setback of 25.4 feet where a 35 foot setback is required <br /> places the structure closer to tlie street than any other home on Orchard Beach <br /> Place. <br /> - Removal of nearly all vegetation in a swath approximately 65 feet x 80 feet <br /> potentially will alter the visual character of the neighborhood. <br /> Page6of10 <br /> 1 a i»4�2 <br />