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CITY OF ORONO <br />RESOLUTION OF THECITY COUNCIL <br />NO. 67 " / 5 <br />air and open space between the addition and the neighboring homes. The lake setback <br />of the proposed home is an improvement over the existing. The variances are in <br />harmony with the Ordinance. <br />2. "Variances shall only be permitted ... when the variances are consistent with the <br />comprehensive plan." The lot width, lot area, and setback variances allowing <br />construction of a single family residence in a residential zone are consistent with the <br />Comprehensive Plan as well as the character of the neighborhood. The variance to <br />permit 28% hardcover which is a reduction from the existing site conditions is consistent <br />with the comprehensive plan's lake protection philosophy. <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 a new home with a tiered deck, on a <br />substandard lot within the 10 foot side setback and average lakeshore setback <br />appears to be reasonable as the adjacent properties do not appear to be adversely <br />impacted; the mature vegetation and topography separate the Property -from <br />adjacent neighbors. The height of the new portion of the home will be lower than <br />the existing garage to which it is being connected. <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />The height of the existing garage, the slope, the shape and size of the Property <br />were not the result of actions by the Applicants. The nearest structures on the <br />neighboring properties are offset and set back sufficiently to allow for light, air, and <br />open space between each of the homes. <br />c. The variance, if granted, will not alter the essential character of the locality." <br />The setbacks or defined height of the proposed new home will not alter the <br />character of the neighborhood. The setback of the proposed home and tiered <br />decks within the 10 -foot side setback is consistent with the small setback nature <br />of the neighborhood. The proposed open post construction of the tiered decks will <br />permit drainage to be maintained. Stormwater drainage in this neighborhood is <br />challenging. <br />