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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. 7588 <br /> <br /> <br />2 <br /> <br /> <br />FINDINGS OF FACT: <br /> <br />A1. The analysis contained within staff memos and the exhibits attached to the aforesaid <br />memos, all minutes from the above-mentioned meetings, and all other materials <br />distributed at these meetings are hereby incorporated by reference. <br /> <br />A2. The Property is located in the LR-1B One Family Lakeshore Residential Zoning District. <br /> <br />A3. The Property contains 2.05 acres in area and has a defined lot width of 500+ feet. <br /> <br />A4. The Property is within Tier 1, and hardcover is limited to 25% according to the <br />Stormwater Quality Overlay District. <br /> <br />A5. The Applicant has applied for the following variances: <br />a. Lake Setback Variance <br />b. Average Lakeshore Setback Variance <br />c. Floodplain Rescue Bench Variance <br /> <br />A6. 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 />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 variances support the minimal expansion of the <br />non-conforming building within the lake yard and average lakeshore setback. Lake yard <br />construction prohibitions are intended to maintain the natural lakeshore and encourage <br />development away from the lake. Alternatively, the goals of average lakeshore setback <br />include protecting views from land into the lake, and the requested variances to increase <br />the height of the existing boathouse to the minimum amount necessary to meet the <br />floodplain regulations are in harmony with the Ordinance. The most adjacent neighbors <br />are situated so that the changes to the existing building will not impact their lake views. <br />The minimal, additional mass of the flat roof areas within the setbacks will not be closer to <br />the lake than existing and will not negatively impact the views into the Property from the <br />lake. This criterion is met. <br /> <br />263