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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 />3 <br /> <br />B2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The variances requesting reconstruction of the existing legally <br />nonconforming accessory building with a minimal upward volume expansion (without <br />footprint expansions) in the same location within the setbacks in a residential zone are <br />consistent with the Comprehensive Plan. The variances are required solely to conform to <br />the floodplain regulations. This criterion is met. <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 /> <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 />variances to permit reconstruction of the accessory building with minor upward <br />expansion appear to be reasonable; the flat roof design minimizes any potential <br />negative impacts; the mature vegetation and location of neighboring homes <br />separate the accessory building from the adjacent neighbors. City Code Section <br />78-71(b)(4) states: “A lawful nonconforming use of a structure or parcel of land <br />may be changed to decrease the nonconformity of use.” The Owners are <br />replacing an existing nonconforming building, and all of the changes from the <br />original building are to decrease existing nonconformities. Additionally, the <br />variance relating to the exception for the floodplain rescue bench depth on the <br />lake side is reasonable, as it is not a principal building. This criterion is met. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner. The accessory building was originally constructed in <br />the 1960s by previous owners and needs replacement due to its age and <br />deferred maintenance. <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” The <br />requested variances will not be out of character with the neighborhood, will not <br />expand the footprint of the building, or result in additional encroachment into the <br />setbacks toward the lake. The new upward encroachment will not alter the <br />character of the locality. This criterion is met. <br /> <br />B4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations have not been a factor in the variance approval determination. <br /> <br />B5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight <br />for solar energy systems. Variances shall be granted for earth-sheltered construction as <br />264