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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO.7607 <br />ANALYSIS: <br />B1. "Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance ...." The variances for the construction of new decks are <br />supported by practical difficulties. Much of the existing improvements are located within <br />the 75-foot lake setback. Therefore, hardcover exists within the lake setback as well. The <br />new decks will maintain similar setbacks from the lake and wetland. The placement of the <br />new decks is limited by the existing wetland and lake setback and existing improvements. <br />The project is in harmony with the general intent of the Ordinance due to the practical <br />difficulties of the Property's existing conditions and absence of a legal building footprint <br />area. This criterion is met. <br />B2. "Variances shall only be permitted ... when the variances are consistent with the <br />comprehensive plan." The variances supporting the new decks are consistent with the <br />Comprehensive Plan. The Owner has identified the necessary practical difficulties <br />inherent in the land, supporting their requests. The proposed increase in hardcover for <br />the site overall and within the 75-foot setback is necessary as the Property does not have <br />extraneous hardcover to offset the minimal increase. The 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 />Property has no legal buildable area. The existing nonconforming decks can be <br />rebuilt in -kind. The proposed construction of reconfigured decks in a similar <br />location at a similar setback is a reasonable use of the Property. This criterion is <br />met. <br />b. The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner. The existing improvements were not built by the <br />Owners. The existing conditions of the lot, including the location of the existing <br />structures and improvements, were not created by the Owners. Additionally, the <br />lake, wetland, topography, and vegetation further limit the placement of conforming <br />decks, and that is not a circumstance created by the Owners; and <br />c. The variance, if granted, will not alter the essential character of the locality." The <br />proposed variances are supported by practical difficulties and will not alter the <br />character of the area. The proposed decks are a different shape but smaller in <br />size. The setbacks from the lake and wetland remain similar to those of the <br />3 <br />121 <br />