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�°�o <br /> C ITY O� �OR�N� <br /> � � <br /> RESOLUTION OF THE CITY COUNCIL <br /> � � o5T6 <br /> `� �' N O. <br /> r�KFSH�R� <br /> 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, safety, 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 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 fhe 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 fo his property not created <br /> by the landowner. <br /> 2 <br />