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O CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> ti� 4 NO. 7588 <br /> G <br /> l,�kESHO�� <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 /> 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 /> 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 /> 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 /> 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 /> B4."Economic considerations alone do not constitute practical difficulties." Economic <br /> considerations have not been a factor in the variance approval determination. <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 /> 3 <br />