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-szLOAt CITY No. 7 OF ORONO584 <br /> RESOLUTION OF THE CITY COUNCIL <br /> �e A. <br /> j4kESH04� <br /> A2. The Property is located in the LR-1 B (One-Family Lakeshore Residential) Zoning District. <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 /> 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 /> 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 /> 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 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 /> 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 /> 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 /> 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 /> 2 <br />