07-08-2024 CC Agenda Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7491 2 3. The Property contains 81,188 square feet in area and has a defined lot width of 150 feet at the 75- foot lakeshore setback and a lot width of 152 feet at the OHWL. 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 variance s, 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 . . . .” An average lakeshore setback variance is required for the reconstruction and expansion of the lakeside deck on the property. The current deck abuts the average lakeshore setback line and is proposed to encroach 6.7 feet. The intent of the ordinance is to preserve and protect lake views enjoyed from neighboring properties. The neighboring properties are not impacted by the minor deck expansion as the house is setback over 100 feet from the lake. All other setbacks including the 75-foot lake setback are met. The hardcover on the subject property will continue to be below the maximum of 25%. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variance resulting in an expanded lakeside deck is consistent with the comprehensive plan. There have been instances when the City has granted variances from average lakeshore setback when the proposal does not disrupt neighboring views of the lake and is not within the 75 - foot setback. The proposed expansion is minor and is not likely to impact any lake views. 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 current deck abuts the average lakeshore setback and any expansion would likely require a variance. The existing deck is shallow and the expansion creates a more 38