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���0 CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> � <br /> �'�.t G�'� NO. � C '� � <br /> �kESH��� <br /> 8. The Applicant has applied for the following conditional use permit: <br /> a. Guest house CUP <br /> 9. 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 /> Variance Analvsis: <br /> 1. "Variances shall only be permitted when they are in harmony with the general purposes <br /> and intent of the ordinance..."The proposed variance will be in harmony with the intent of <br /> the Zoning Code as the structure is existing. The two story addition will be conforming with <br /> respect to setbacks, and height. <br /> 2. "Variances shall only be permitted...when the variances are consistent with the <br /> comprehensive plan." The variance resulting in a guest house to be constructed in a new <br /> upper floor of the existing nonconforming residential garage in a residential zone is <br /> consistent with 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 the property in a reasonable manner, <br /> however, the proposed use is not permitted by the official controls. <br /> The size of the garage was not the result of actions by the Applicants. A guest <br /> house is permitted on residential properties which meet the size requirement. The <br /> 164 square feet of additional structure is minimal, reasonable, and will not result in <br /> the building appearing to be too massive on the Property. <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> The detached garage is an existing building on the Propert not constructed b h <br /> Y te <br /> Applicants. <br /> Y <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> 3 <br />