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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. ________________________ <br /> <br /> <br />3 <br /> <br />8. The Applicant has applied for the following conditional use permit: <br />a. Guest house CUP <br /> <br />9. 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 /> <br />ANALYSIS: <br />Variance Analysis: <br />1. “Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance…”The proposed variance will be in harmony with the intent of <br />the Zoning Code as the structure is existing. The two story addition will be conforming with <br />respect to setbacks, and height. <br /> <br />2. “Variances shall only be permitted…when the variances are consistent with the <br />comprehensive plan.” The variance resulting in a guest house to be constructed in a new <br />upper floor of the existing nonconforming residential garage in a residential zone is <br />consistent with the Comprehensive Plan. <br /> <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 /> <br />The size of the garage was not the result of actions by the Applicants. A guest <br />house is permitted on residential properties which meet the size requirement. The <br />164 square feet of additional structure is minimal, reasonable, and will not result in <br />the building appearing to be too massive on the Property. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br /> <br />The detached garage is an existing building on the Property not constructed by the <br />Applicants. <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” <br />