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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 6 6 7? --------- <br />FINDINGS OF FACT: <br />1. This application was reviewed as Zoning File #16-3851. The analysis contained within staff <br />memos and the exhibits attached to the aforesaid memos, all minutes from the above <br />mentioned meetings, and any and all other materials distributed at these meetings are <br />hereby incorporated by reference. <br />2. The Property is located in the LR-1 C Zoning District. <br />3. The Property contains 0.48 acres in area and has a defined lot width of 140 feet. <br />4. The Property is within Tier 2 and hardcover is limited to 30% according to the Stormwater <br />Quality Overlay District. <br />5. Applicant has applied for the following variance: <br />a. Installation of a Half Bath (plumbing) within a nonconforming OAS. <br />6. 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 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 />1. "Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance .... ". The garage is residential in nature. The proposed Half <br />Bath within the second story addition of the nonconforming OAS will not adversely <br />impact adjacent properties and will not be apparent from the exterior. The variances are <br />in harmony with the Ordinance. The variance is in harmony with the Ordinance. <br />2. "Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan." The variance resulting in a permit for plumbing improvements within <br />a residential garage in a residential zone is consistent with the Comprehensive Plan. <br />3. "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 manner, <br />however, the proposed use is not permitted by the official controls. <br />2