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CITY OF OROS <br />RESOLUTION OF THE CITY COUNCIL <br />c. Structure to Structure Setback Variance <br />d. 0-75' Hardcover Variance <br />NO. <br />6. 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 />ANALYSIS: <br />1. "Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance..." <br />Granting the lake setback and average lake setback variances to allow the Improvements <br />to be constructed within 150 -feet of the OHWL and within the average lakeshore setback <br />would be consistent with the majority of the large lot properties in Orono and will likely not <br />alter the essential character of the locality. The hardcover variance requested to permit <br />the stepping stone pavers is not in harmony with the ordinance which serves to limit <br />hardcover surfaces within 75 -feet of lakes. <br />2. "Variances shall only be permitted... when the variances are consistent with the <br />comprehensive plan." <br />Based on the size and orientation of the Property as well as the location of the existing home, <br />granting of the proposed setback variances would not be contrary to the intent of the <br />Comprehensive Plan and Zoning Code. The hardcover variance requested to permit the <br />stepping stone pavers within the 75 -foot setback is inconsistent with the comprehensive plan <br />goals to limit and prohibit hardcover within 75 feet of lakes and streams. <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 />The Owner proposes to install Improvements consisting of a pool, patio and deck <br />which are residential in nature and reasonable from a residential scope. <br />