Resolution 7463 (2) - Laserfiche WebLink

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L_Oiv-p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL F G NO. 7463 t4KES H O0' 4. The Property is within Tier 1 and hardcover is limited to 25%according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Average Lakeshore Setback 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air,danger of fire,risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance. . . ."The subject property is currently vacant.The average lakeshore setback line is extreme due to the location of the neighboring homes. There is no compliant building envelope. The proposed home will meet all other setback requirements and has been designed to minimize impacts on the neighboring lake views.The proposed project is in harmony with the general intent of the Ordinance due to the practical difficulties present. This criterion is met. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The construction of a new single-family home on a conforming lot is consistent with the Comprehensive Plan. The applicant has identified the necessary practical difficulties inherent to the land supporting their request. This criterion is met. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance,means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The construction of a new single-family home is a reasonable use of the property. This criterion is met. b. The plight ofthe landowner is due to circumstances unique to his property not created by the landowner. The shape of the lot and the location of the neighboring homes is not the result of the current property owner's actions;and 2