08-26-2024 CC Agenda Packet - Laserfiche WebLink

Home Browse Search

CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7505 2 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 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 . . . .” An average lakeshore setback variance is required for the construction of a new lakeside deck on the property. The average lakeshore setback line currently bisects the home. The intent of the ordinance is to preserve and protect lake views enjoyed from neighboring properties. The neighboring properties are not impacted by new deck 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 not increase due to the proposed deck being located over an existing patio. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variance resulting in a new lakeside deck is consistent with the comprehensive plan. A lakeside deck was previously located on the property, which has since been removed. The proposal is for an expanded deck in the same location. 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 deck 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 existing home had a lakeside deck, which has now been removed. The proposal is to reconstruct an expanded deck in the same location. The deck will be above an existing at grade patio and therefore there is no increase in hardcover. The proposed deck is over 100 45