Laserfiche WebLink
CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />A3. The Property contains 1.0 acres in area and has a defined lot width of 160 feet at the <br />OHWL and at the 75-foot setback. <br />A4. The Property is within Tier 1, and hardcover is limited to 25% according to the <br />Stormwater Quality Overlay District, <br />A5. The Applicant has applied for the following: <br />a. Average Lakeshore Setback Variance <br />A6. 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 />ANALYSIS: <br />61. "Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance .... The proposed variance is in harmony with the purpose <br />of the Ordinance. The Property includes difficulties in the topography, existing vegetation, <br />the existing conditions, and the deep lake setbacks of the neighboring homes in relation <br />to the subject. The average lakeshore setback variance requested will improve lake views <br />from the northern neighbor and will not further impact views of the lake for adjacent <br />properties. <br />B2. "Variances shall only be permitted ... when the variances are consistent with the <br />comprehensive plan." The proposed variance to construct a new home in a similar but <br />improved location as the existing home, also resulting in an improved lake setback, is <br />consistent with the comprehensive plan. <br />63. "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 />request to permit the construction of the new home within the average lakeshore <br />setback appears to be reasonable, considering the topography of the lot, the <br />location of the existing home, the setback of the neighboring homes, and the <br />existing mature woods/vegetative screening. The request is reasonable. <br />