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O�O CITY OF ORONO <br /> � <br /> RESOLUTION OF THE CITY COUNCIL <br /> r, No. 7566 <br /> `'kESHOcL <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 /> 2 <br />