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�t0�0 CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> ti NO. 7480 <br /> `4kESiiov <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 /> 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 /> 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 existingnon-conformingcondition. The <br /> 9 9 <br /> applicants have proposed hardcover removals. <br /> b. The plight of the landowner is due to circumstances unique to his property not <br /> created by the landowner. <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 /> c. The variance, if granted,will not alter the essential character of the locality." <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 /> 4. "Economic considerations alone do not constitute practical difficulties." Economic <br /> considerations have not been a factor in the variance approval determination. <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 /> 3 <br />