Resolution 7497 variance addition

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7497 4kESHo40 2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District. 3. The Property is within Tier 3 and hardcover is limited to 35%according to the Stormwater Quality Overlay District. 4. Applicant has applied for the following variances: a. Lot Area b. Lot Width c. Front Yard Setback(2285 Bayview Place) 5. In considering this application for variances, 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 . . . ." The intent of the Ordinance is to allow the development of a lot of record, even if it is nonconforming in size and width. The subject properties are currently nonconforming. The applicant is the owner of the two properties and wishes to adjust the shared property line. The proposed lot line adjustment improves the lot configurations and buildability.The proposed lot line adjustment will bring the current home located on 2305 Bayview Place closer to conformance. This criterion is met. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variances allow an administrative lot line adjustment to take place for two nonconforming lots. The applicant has identified the necessary practical difficulties inherent to the land supporting their requests. Bringing the existing home at 2305 Bayview Place closer to conformance is consistent with the goals of the Comprehensive Plan. 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 proposed lot line adjustment improves the configuration of two nonconforming lots. The lot line adjustment brings the current home at 2305 Bayview Place closer to conformance and improves the building envelope of 2285 Bayview Place,which will allow 2 •