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3. The Property contains 27,600 square feet in area and has a defined lot width of 92 -feet at <br />the ordinary high water level and 106 -feet at the 75 -foot setback. <br />4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater <br />Quality Overlay District. The Property contains 22% hardcover. <br />5. Applicants have applied for the following variance: <br />a. Variance from Orono Zoning Code Section 78-1279(6) to allow construction of a <br />second story, roof modifications and an open porch between 38 -feet and 91 -feet <br />lakeward of the average lakeshore setback line. <br />6. In considering this application for variance, the Council has considered the effect of the <br />proposed variance upon the health, suety, and welfare of the community, existing and <br />anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the <br />effect on values 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 purpose for the ordinance is to protect views of the <br />lake enjoyed by adjacent property owners. The proposed additions and modifications to <br />the home will not adversely impact existing views of the lake from neighboring properties. <br />2. "Variances shall only be permitted when the variances are consistent with the <br />comprehensive plan." Construction of a second story addition over portions of the <br />residential home is in harmony with the intent of the use of the residential property as <br />indicated in the Comprehensive Plan. <br />3. 'Variances may be granted when the applicant for the variance establishes that there are <br />practical difficulties In complyirg with the zoning ordinance. 'Practical difficulties,' as used in <br />connexion with the grarYdng of a valiance, means that: <br />a. The property owtW in question proposes to use the property in a reasonable manner, <br />however, the proposed use is not permitted by the official controls. <br />Application of the average lakeshore setback rule results in over half of the home <br />being non -conforming. The second story addition over the existing home footprint <br />is reasonable. <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />2 <br />