Resolution 7663 Approving Variance Addition 2697 Kelly Ave

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OHO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��. NO. 7663 A3. The Property contains 0.53 acres in area and has a defined lot width of approximately 450 feet measured at the OHWL, and 97 feet measured at the 75-foot setback. A4. The Property is within Tier 1, and hardcover is limited to 25% according to the Stormwater Quality Overlay District. A5. The Applicant has applied for an Average Lakeshore Setback Variance. A6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: B1."Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." The Property includes difficulties in its shape, size, proximity to the lake, and the orientation of the adjacent property and home. The addition is proposed on the east side of the home. The average lakeshore setback variance will not impact views of the lake for the single property on the west side. This criterion is met. B2."Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The proposed variance to construct an addition to the existing home is consistent with the comprehensive plan. B3."Variances may be granted when the applicant for the variance establishes 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 request to allow the addition in the proposed location, partially within the average lakeshore setback, appears to be reasonable considering the location and orientation of the neighboring home and the lot shape and size. b. The plight of the landowner is due to circumstances unique to his property, not created by the landowner. The shape and orientation of the Property and the location of the neighbors' home result in a limited legal building envelope. The location of the addition will not impact the existing views of the lake for the only affected neighbor. The circumstances are unique to the Property, and 2