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CITY OF ORONO <br />RESOLUTION OF THE CI1Y COUNCIL <br />6 8 2 9 NO .--------- <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-1C One Family Lakeshore Residential Zoning District. <br />3. The Property contains 0.69 acres in area and has a defined lot width of 123' feet at the 75 <br />foot lake yard setback. <br />4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater <br />Quality Overlay District. <br />5. Applicant has applied for the following variances: <br />a. Average Lakeshore Setback Variance <br />6. In considering this application for variances, 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 />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 deck wlll be slightly taller than the <br />previous deck but is proposed to have a smaller encroachment of 11 '6" into the <br />average lakeshore setback. The applicant has worked to mitigate the encroachment <br />by proposing a deck that does not encroach as much compared to the previous <br />deck. The deck will not Interfere with the sightlines of the neighbors meeting the <br />intent and purpose for the average lakeshore setback with Is a sightline setback for <br />the lake. This criteria is met. <br />2. "Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan ." The variances resulting in a permit for construction of a deck <br />in a residential zone are consistent with the Comprehensive Plan. This criterion is <br />met. <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 <br />manner, however, the proposed use is not permitted by the official controls . The <br />2