Laserfiche WebLink
CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO.7566 <br />A3. The Property is exempt from the Stormwater Quality Overlay District. <br />A4. Applicant has applied for a front setback variance for a covered entry to the primary <br />residence that encroaches 4.7 feet into the front setback. <br />A5. 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 />VARIANCE ANALYSIS: <br />B1. Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance; the requested variance is in harmony with the general intent <br />and purpose of the Ordinance. The proposed covered entry still provides for adequate <br />separation from the street and the existing tree cover helps minimize the visual impacts of <br />the encroachment; and <br />B2. Variances shall only be permitted when consistent with the comprehensive plan; the <br />proposed variance to improve an existing and allowable residential use is consistent with <br />the comprehensive plan; and <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 manner, <br />however, the proposed use is not permitted by the official controls; the request to <br />provide a covered entry with an additional purpose of directing water away from the <br />existing house and foundation is reasonable; and <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner, the Property is significantly wooded and the house is located near <br />the front of the Property, proximate to the front setback. Improvements to the front of <br />the house would be impacted by the front setback; and <br />c. The variance, if granted, will not alter the essential character of the locality; staff does <br />not anticipate the character of the locality to be impacted or change with approval of <br />the requested variance. <br />302 <br />