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c. Side Street Setback Variances. <br />CITY OF ORONO <br />RESOLUTION OFF THE CITY COUNCIL <br />NO. 7J U <br />6. 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 />"Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance ...." The lot width and lot area variances are consistent with <br />the general intent of the Ordinance. The requested average lakeshore setback variance <br />is in harmony with the Ordinance as the only adjacent neighbor sits at a higher elevation <br />and their lake views will not be impacted by the new home. The applicants are also the <br />owners of the adjacent lakeshore property. The side street setback variance requested for <br />the home and pool are reasonable considering the shape and buildable width of the <br />Property. <br />2. "Variances shall only be permitted .. . when the variances are consistent with the <br />comprehensive plan." The variances resulting in a permit for construction of a single family <br />residence with a residential pool in a residential zone are consistent with the <br />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 request to permit construction of the home and pool in the proposed location, <br />within the side street setback and lakeward of the average lakeshore setback, <br />appears to be reasonable as the Property's triangular shape creates a difficulty, <br />and owners are also the owners of the adjacent. <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />The sub -standard size and shape of the Property were not the result of actions by <br />the landowner. The orientation of the Property, the shape of the Property, and the <br />