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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 7567 <br />A4. According to the Stormwater Quality Overlay District regulations, the Property is within <br />Tier 1 and hardcover is limited to 25%. <br />A5. The Applicants have applied for an average lakeshore setback variance. <br />A6. In considering this application for a 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 />B1. "Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance ...." The Property includes difficulties in its topography, the <br />utility easement encroachments, and the orientation of the adjacent properties and <br />homes. The average lakeshore setback variance will not further impact views of the lake <br />for the adjacent property to the south. According to the plan, the neighbor's view of the <br />lake will be improved on the west side. This criterion is met. <br />B2. "Variances shall only be permitted ... when the variances are consistent with the <br />comprehensive plan." The proposed variance to build a new home on the Property is <br />consistent with the comprehensive plan. <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 />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 a new home in the proposed location within the average <br />lakeshore setback appears reasonable considering the neighboring home <br />locations, the shape of the Property, utility easements, and topography. The new <br />home will improve the view of the lake for the neighbor to the south compared to <br />the existing condition. The neighbor to the northeast will not be impacted in any <br />way. <br />b. The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner. The utility easement, plus the shape and orientation of <br />the neighbors' properties and homes result in no legal building envelope. The new <br />175 <br />