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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. 7584 <br /> <br /> <br />2 <br /> <br /> <br />A2. The Property is located in the LR-1B (One-Family Lakeshore Residential) Zoning District. <br /> <br />A3. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater <br />Quality Overlay District, and the Applicant is proposing 13.3% hardcover where 25% is <br />allowed, with this project. The project will reduce hardcover from 1,203 square feet to <br />1,050 square feet within the 75-foot lakeshore setback. <br /> <br />A4. The Applicant applied for average lakeshore setback and 75-foot lakeshore setback <br />variances, and a variance for new hardcover within the 75-foot lakeshore setback. <br /> <br />A5. In considering this application for variances, the Council has considered the advice and <br />recommendation of the Planning Commission and the effect of the proposed variances <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 /> <br />VARIANCE ANALYSIS: <br /> <br />B1. Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance; the average lakeshore setback makes development of the <br />Property and improvement of the existing house challenging. The Property is a peninsula, <br />and the proposed improvements are mostly screened by the existing house and are <br />outside of the neighbors’ lake views. Efforts have been made to reduce impacts to the <br />lakeyard. This criterion is met; and <br /> <br />B2. Variances shall only be permitted when consistent with the comprehensive plan; the <br />proposed variance to rebuild a deck, improve the roof and add patio space as accessory <br />uses to a single-family residence is permitted within LR-1B zoning and is consistent with <br />the comprehensive plan. This criterion is met; and <br /> <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 />improve the existing house as proposed, opposed to rebuilding entirely, is reasonable <br />and meets all other applicable zoning regulations. This criterion is met; and <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner; the existing house is located within the average lakeshore setback <br />108