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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. ________________________ <br /> <br /> <br />2 <br /> <br />3. The Property contains 0.2 acres in area and has a defined lot width of 52 feet. <br /> <br />4. The Property is within Tier 3 and hardcover is limited to 35 % according to the Stormwater <br />Quality Overlay District. <br /> <br />5. Applicant has applied for the following variance[s]: <br />a. Interior Side Yard <br />b. Street Side Yard <br /> <br />6. In considering this application for variance, the Council has considered the advice and <br />recommendation of the Planning Commission and the effect of the proposed variance <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 />1. “Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance . . . .” The applicant is proposing to construct a new single <br />family home on a residential lot which is consistent with the intent of the ordinance. <br />The variances 7.5’ interior side and 9.5’ street side request is reasonable <br />considering the configuration and buildable area of the property and the previous <br />approved variances Resolution 6964. <br />2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The variances resulting in a permit for a new single family <br />residence in a residential zone are consistent with the Comprehensive Plan. <br />3. “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 proposes to use the property in a reasonable manner not <br />permitted by the official controls; The applicant is proposing use of the <br />property in a reasonable manner with the construction on a single family <br />home. There is limited space to construct a conforming structure on the site. <br />b. There are circumstances unique to the property not created by the landowner; The <br />plight of the property owner is due to the existing substandard lot size and <br />shape, and its uniqueness being a lot abutting 3 streets. <br />c. The variance will not alter the essential character of the locality. The character of <br />the neighborhood is not likely to be significantly altered from replacement <br />of the residence which is consistent in character and size with the <br />surrounding homes.