Laserfiche WebLink
RESPONSE TO PRACTICAL DIFFICULTY CRITERIA <br />1. The variance is in harmony with the general intent and purpose of the <br />Ordinance. <br />The proposed variance is in complete harmony with the ordinance's intent to protect water <br />quality, preserve natural resources, and maintain neighborhood character. By increasing the <br />lakeshore setback from 71'7" to 77'10", reducing impervious surface by 600 square feet, and <br />preserving 89% of existing trees, this proposal achieves superior outcomes compared to strict <br />compliance. The ordinance seeks to balance development rights with environmental protection— <br />this variance accomplishes both goals more effectively than rigid adherence to the average <br />lakeshore setback requirement. <br />2. The variance is consistent with the comprehensive plan. <br />The City's comprehensive plan emphasizes environmental stewardship, water quality protection, <br />and preservation of Orono's natural character. This variance directly supports these goals by: <br />• Protecting 1,236" of mature trees that provide stormwater filtration and habitat <br />• Moving the structure further from the lake than existing conditions <br />• Reducing impervious surface to conforming levels <br />• Avoiding the environmental degradation that would result from clear-cutting and <br />extensive grading required for strict compliance <br />3a. The property owner proposes to use the property in a reasonable manner not <br />permitted by the Zoning Chapter. <br />The proposed use—construction of a single-family residence—is entirely reasonable and <br />represents the fundamental use intended for R-1 zoned property. The home's size and design are <br />consistent with neighborhood standards. The only aspect not permitted is the average lakeshore <br />setback, which is constrained by the unique positioning of neighboring homes and severe <br />topography. Building in the proposed location represents the most reasonable development <br />approach given the site's physical constraints. <br />3b. The plight of the landowner is due to circumstances unique to his property <br />not created by the landowner. <br />The practical difficulties are entirely due to pre-existing conditions: <br />• Severe topography: The steep slope from street to lake existed naturally and was not <br />created or exacerbated by the owner <br />• Neighboring home positions: The southern neighbor's home sits unusually far from the <br />lake, creating an anomalous average setback line <br />• Existing non-conformities: The current home's non-conforming status predates current <br />ownership <br />13