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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 669 <br />2. The Property is located in the RR -1 B One Family Rural Residential Zoning District. <br />3. The Property contains 5.4 acres in area and has a defined lot width of 290 feet. <br />4. Applicant has applied for the following variance[s]: <br />a. Setback Variances <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 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 ...." The proposed variances will be in harmony with the intent <br />of the Zoning Code as the proposed structure will be partially screened from view from the <br />street by the topography and vegetation that exists between the proposed structure and <br />the street. <br />2. "Variances shall only be permitted .. . when the variances are consistent with the <br />comprehensive pian." The accessory building is residential in nature; and the variances <br />would allow for the accessory building to be located in a partially screened portion of the <br />Property. <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 Property is sloped toward the rear and heavily treed. The septic system mound <br />areas prohibit moving the proposed garage further toward the rear. The applicants <br />propose to utilize the existing driveway and remove only a limited number of trees <br />to maintain the screening. Construction of an accessory building in the proposed <br />location is consistent with the other OAS setbacks and is reasonable on this rural <br />5.4 acre residential property. <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />2 <br />