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�01/0 CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> tint ��,4' NO. 7567 <br /> AkESHO0 <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 /> 2 <br />