#15-3794 Recorded Resolution 6571

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL i h "") "I U ,) f I NO. _________ _ 2. "Variances shall only be permitted... when the variances are consistent with the comprehensive plan." The OAS will be screened adequately year round by evergreen trees and will not be visually discernable when viewed from off of the Property. Other properties in the vicinity have similar barns and sheds streetward of the principal structures, therefore the variance will not alter the essential character of the locality. Additionally, the proposed location for the OAS is compliant with all other pertinent setbacks: 142 feet from the front lot line where a 50-foot setback is required; 440 feet from the rear lot line where a 50-foot setback is required; 105 feet from the west side lot line where a 30' setback is required; and 100 feet from the east side lot line where a 30' setback is required. The size of the proposed OAS as well as the screened, and otherwise conforming, location is consistent with the comprehensive plan. 3. "Variances may be granted when the Applicants for the variance establish that there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls." The Applicants' desire to store large vehicles within an enclosed structure on the Property which will be screened from offsite by mature vegetation is reasonable although the proposed location of the OAS is not permitted by official controls. b. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The shape of this lot, the existing tree stands combined with the location of the home on the Property result in a unique circumstance allowing for the 2,400 square foot OAS to be almost completely screened from view off the Property. The configuration of the lot was not created by the Applicants. c. "The variance, if granted, will not alter the essential character of the locality." The Applicants have proposed to locate the OAS within a clearing surrounded primarily by mature evergreen trees which will provide screening from all directions. The proposed variance will be in harmony with the intent of the Zoning Code as the proposed structure will be screened from view by the vegetation that exists between the proposed structure and Bayside Road. The variance will not alter the essential character of the locality. 4. "Economic considerations alone do not constitute practical difficulties." The Applicants have not requested approval of the variance based on economic considerations. Page 3 of7