Laserfiche WebLink
<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. 7526 <br /> <br /> <br />2 <br /> <br /> <br />A2. The Property is located in the LR-1B, One Family Lakeshore Residential Zoning District. <br /> <br />A3. The Property contains 1.45 acres in area and has a defined lot width of 140 feet. <br /> <br />A4. The Property is within Tier 1 and hardcover is limited to 25% according to the <br />Stormwater Quality Overlay District. <br /> <br />A5. The Applicant has applied for an average lakeshore setback variance. <br /> <br />A6. In considering this application for variance, the Council has considered the advice and <br />recommendation of the Planning Commission and the effect of the proposed variance <br />upon the health, safety and welfare of the community, existing and anticipated traffic <br />conditions, light and air, danger of fire, risk to the public safety, and the effect on values <br />of property in the surrounding area. <br /> <br />ANALYSIS: <br /> <br />B1. “Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance . . . .” The requested average lakeshore setback variance is in <br />harmony with the Ordinance as the adjacent neighbors are situated such that their <br />channel/lake views are not across the subject property and the improvements will not <br />impact their views. <br /> <br />B2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The variance for the construction of a deck on the single-family <br />residence in a residential zone is consistent with the Comprehensive Plan. <br /> <br />B3. “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 /> <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. The <br />request to permit the new deck lakeward of the average lakeshore setback appears <br />to be reasonable as the views of the lake enjoyed by the adjacent properties will not <br />be adversely impacted; the mature vegetation, topography, and home orientation <br />separate the Property from its neighbors. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner.The location of the existing home, the orientation and <br />104