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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 6 6 9/ <br />The City Council finds that there is insufficient justification to grant the variance to Zoning <br />Code Section 78-1680 to allow the proposed patio hardcover within the 0-75' lakeshore <br />setback zone given that this is a complete home rebuild. There is no practical difficulty <br />shown for this encroachment. The home and site plan can be redesigned to eliminate the <br />patio encroachment within the 0-75' lakeshore setback zone. Denial of this variance is <br />consistent with past City actions in similar situations. <br />A7 With regard to the requested variance for structural lot coverage for a new home, the 15% <br />limit was established in 1989 primarily to limit structural massing on properties less than <br />2 acres in area. Lots smaller than 10,000 s.f are allowed 1,500 s.f of structural lot <br />coverage. Past City approvals of variances to the lot coverage requirement when granted <br />have often been predicated on livability, functionality and safety associated with use of a <br />property. The proposed house, covered front stoop and attached garage comprise 1,951 s.f. <br />or 18.2% structural coverage of the property. <br />The applicants propose complete removal of the fairly small (20'x36') cabin existing on <br />the property. The property has no garage, and has been used seasonally for many years. <br />The proposed new house with a 2 -stall attached garage will provide for a more functional <br />year-round residence. Attaching the garage allows for additional second -story living space <br />above it. It has been typical of tear-down/rebuilds on the lakeshore to attach the garage, <br />resulting in a more compact massing of structure on a given site and resulting in a less - <br />crowded streetscape. An added benefit is the ability to have a backup apron in the street <br />yard to allow forward vehicle movement entering the road — especially important on <br />Shadywood Road. <br />A8. 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 />VARIANCE ANALYSIS: <br />B1. "Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance ...." Single family homes and the associated amenities are <br />permitted uses in the LR -1C district. The area and width variances if granted would <br />allow construction of a single family home on the property. <br />B2. "Variances shall only be permitted... when the variances are consistent with the <br />comprehensive plan." The proposed new residence structure is consistent with the <br />comprehensive plan guiding of this and surrounding properties for residential use. <br />