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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. 7527 <br /> <br />2 <br /> <br />above-mentioned meetings, and any and all other materials distributed at these meetings <br />are hereby incorporated by reference. <br /> <br />2. The Property is located in the LR-1B One Family Lakeshore Residential Zoning District. <br /> <br />3. The Property contains 49,617 square feet in area and has an irregular lot shape with a <br />defined lot width of 67 feet at the 75-foot lakeshore setback and a lot width of 183 feet at <br />the OHWL. <br /> <br />4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater <br />Quality Overlay District. <br /> <br />5. Applicant has applied for the following variances: <br />a. 75- foot lakeshore setback <br />b. Hardcover within the 75-foot lakeshore setback <br /> <br />6. In considering this application for variances, the Council has considered the advice and <br />recommendation of the Planning Commission and the effect of the proposed variances <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 />1. “Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance . . . .” The variances requested for the construction of a grade- <br />level deck in an area where hardcover is not permitted resulting in a hardcover reduction <br />within the 75-foot lakeyard is in harmony with the intended purpose of the ordinance. This <br />criterion is met. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The proposed variance is consistent with the Comprehensive Plan. <br />The Comprehensive Plan emphasizes the protection of natural resources including our <br />natural waterways. The proposed project will reduce the hardcover and setback <br />encroachments within the 75-foot lakeshore setback, bringing the property closer to <br />zoning conformance. This criterion is met. <br /> <br />3. “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 />88