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O <br />O <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 7473 <br />cESHO'g' <br />A2. The Property is located in the LR-1A, One Family Lakeshore Residential Zoning District. <br />A3. The Property contains 3.06 acres in area. <br />A4. The Property is within Tier 2 and hardcover is limited to 30% according to the <br />Stormwater Quality Overlay District. <br />A5. The applicant has applied for the following variances: <br />a. Variance for Hardcover within 75-foot Setback <br />b. Driveway width Variance <br />A6. According to City Code Section 78-1, the definition of hardcover includes driveways <br />without differentiation of the material. <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 request for safe access to the property is <br />reasonable and the applicant has demonstrated that the minimal 8-foot width permitted <br />by code is not sufficient due in part to the grades of the property. The request is in <br />harmony with the ordinance. <br />B2."Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan." The proposed variance to permit a 12-foot wide driveway where 8 <br />feet is permitted due to the topographic challenges within the 75-foot creek setback is <br />consistent with the comprehensive plan. Reasonable access should include consideration <br />for safe access to the home on the property. This request is not inconsistent with the <br />comprehensive plan. This criterion is met. <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 />2