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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. 7671 <br /> <br /> <br />2 <br /> <br />A3. The Property is within Tier 1 and hardcover is limited to 25% according to the <br />Stormwater Quality Overlay District, and the Applicant is proposing 18.2% hardcover, <br />where 25% is allowed, with this project. <br /> <br />A4. The Property is located along the lakeshore of French Lake, a Natural Environment lake <br />with a lake setback of 150 feet. <br /> <br />A5. Variances were approved in 2023 by Resolution 7174 that allowed for the <br />redevelopment of the Property, including a new residence, pool and patio, all partially <br />within the 150-foot lake setback. <br /> <br />A6. The Applicant applied for structural and hardcover variances within the 150-foot lake <br />setback. <br /> <br />A7. The project is to allow for the relocation of a proposed pool and patio into a new location <br />within the lakeyard. <br /> <br />A8. In considering this application for a variance, the Council has considered the advice and <br />recommendation of the Planning Commission and the effect of the proposed variances <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 />VARIANCE ANALYSIS: <br /> <br />B1. Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance; although the proposal involves an 8-foot encroachment <br />towards the lake, it is a minor expansion within an area once covered by a patio, prior to <br />the redevelopment of the Property, and involves a decrease in total hardcover on the <br />site and in the lakeyard; and <br /> <br />B2. Variances shall only be permitted when consistent with the comprehensive plan; the <br />proposed variance to allow for amenities to a residential use in RR-1B zoning district is <br />consistent with the comprehensive plan; and <br /> <br />B3. 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 /> <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; a pool <br />72