Resolution 7568 Variance DENIED expand boathouse 1480 Bohns Point Rd

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- 7LO.tVO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti�11 ,C• NO. 7568 kESHol FINDINGS OF FACT: Al. This application was reviewed as Zoning File #LA25-000005. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above-mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is located in the LR-1 B (One-Family Lakeshore Residential) Zoning District. A3. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. A4. Applicant has applied for an average lakeshore setback variance. A5. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. VARIANCE ANALYSIS: B1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance; the Average Lakeshore Setback(ALS) is intended to protect lake views of adjacent landowners. The proposed increase in height does not harmonize with the intent and purpose of the ALS. The proposed intensification of the nonconforming building resulting from the proposed vertical encroachment in the average lakeshore setback is contrary to the intent of the ordinance; and B2. Variances shall only be permitted when consistent with the comprehensive plan; the proposed variance to expand a non-conforming accessory structure is not consistent with the comprehensive plan. The existing nonconforming building can be reconstructed in- kind preserving the us. The expansion of the nonconformity is not necessary for a reasonable use of the property.; and B3. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls; the request to reconstruct a failing accessory building is reasonable. However, the further 2