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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. 7480 <br /> <br /> <br />3 <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The requested average lakeshore setback, side yard setback, and <br />hardcover variances are consistent with the Comprehensive Plan. The deck results in a <br />new average lakeshore setback encroachment beyond the existing footprint, however <br />does not appear to further impact the adjacent neighbor’s views from the north side. <br /> <br />3. “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. <br /> <br />The request to expand the existing nonconforming setback with the addition of a <br />deck lakeward of the average lakeshore setback appears to be reasonable on <br />the Property as there is currently no deck on the home and due to the average <br />lakeshore setback, there are no options for a conforming expansion of any <br />portion of the home. The curved shoreline and extreme setbacks of the <br />neighboring homes result in the existing non-conforming condition. The <br />applicants have proposed hardcover removals. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner. <br /> <br />The location of the existing home, the curved shoreline, and extreme setback <br />location of the neighboring homes, and the existing hardcover are conditions not <br />created by the landowners; and <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” <br /> <br />It does not appear that the requested average lakeshore setback variance for the <br />deck will adversely impact views of the lake currently enjoyed by the adjacent <br />property owners or alter the character of the locality. Further, the applicant’s <br />proposed hardcover removals help to offset the new hardcover resulting from the <br />deck. <br /> <br />4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations have not been a factor in the variance approval determination. <br /> <br />5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight <br />for solar energy systems. Variances shall be granted for earth-sheltered construction as <br />51