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Resolution 6646
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Reso 6600 - 6699 March 28, 2016 - November 28, 2016)
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Resolution 6646
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3/7/2019 11:36:55 AM
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8/1/2016 10:55:52 AM
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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. "646 <br />2. The Property is located in the LR -1A zoning district, where 2.0 acres is the minimum <br />lot area and 200 feet is the minimum lot width. The Property has approximately 258,818 <br />square feet (5.94 acres) in area and has over 680 feet in width at the OHWL and over <br />700 feet at the 100 -foot setback. <br />3. The Property is within Tier 1 and hardcover is limited to 25% according to the <br />Stormwater Quality Overlay District. The proposed plan results in 10.7% hardcover. <br />4. Applicant has applied for the following variances: <br />a. Lake setback variance <br />b. Average iakeshore setback variance <br />5. 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 <br />purposes and intent of the ordinance..." The variances to allow construction of an in - <br />ground pool are in harmony with the zoning code; the requested setback variances <br />on this Property are generally consistent with the intent of the ordinance. <br />2. "Variances shall only be permitted... when the variances are consistent with the <br />comprehensive plan." This statement is true; the requested variances are in line with <br />the residential goals within the comprehensive plan. <br />3. "Variances maybe granted when the applicant for the variance establishes that there are <br />practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used <br />in 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. <br />The variance requests are residential in nature and are reasonable considering <br />the unique nature of the neighborhood with significant separation between the <br />neighboring properties as well as the elevation difference between the pool <br />location and the lake. <br />
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