08-12-2024 CC Agenda Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7499 2 A4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. A5. The Applicants have applied for a hardcover variance. A6. In 2020, the Applicants were granted a hardcover variance to construct a 10-foot x 10-foot driveway backup apron resulting in 25.7% hardcover where 25% hardcover is normally allowed according to Resolution No. 7125. A7. In considering this application for a variance, 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: B1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The requested variance to increase the hardcover level by an additional 116 square feet to increase the safety of the driveway is in harmony with the purpose of the Ordinance. The substandard lot has difficulties in its slope, small size and depth, and unique configuration, the requested variance to create a more functional back-up apron to allow better maneuverability is reasonable. This criterion is not met. B2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The hardcover variance is requested to create a more functional minimal turnaround to improve safety. The Property is narrow and deep with sloping topography. The variance requested to improve the safety of the driveway is consistent with the comprehensive plan. B3. “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 variance to allow expansion of the driveway hardcover may be supported by the practical difficulties found in the restricted maneuverability which results from the narrow width and orientation on the Property in addition to the steep access to the elevated, highly trafficked roadway is not unreasonable. 86