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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 7544 <br />2 <br />mentioned meetings, and any and all other materials distributed at these meetings are <br />hereby incorporated by reference. <br />2. The Property is located in the LR-1B (One-Family Lakeshore Residential) Zoning District. <br />3. The Property contains 0.52 acres in dry-buildable area and has a defined lot width of 200 <br />feet. <br />4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater <br />Quality Overlay District. <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 />c. Average lakeshore setback <br />6. 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 />ANALYSIS: <br />1. “Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance . . . .” The average lakeshore setback and the lakeshore <br />setback as defined by the City Code make the development and improvement of this <br />property challenging. The proposal does not further encroach into either setback beyond <br />the house and decks that are existing and decreased the overall hardcover for the site, <br />meeting the intent and purpose of the Ordinance. <br />2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The proposed variances to construct a deck addition with no new <br />setback encroachments with an overall reduction in hardcover is consistent with the <br />comprehensive plan. <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 />340