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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6783 3. The Property contains 79,000 square feet (1.8 acres) in area and has a defined lot width of 100 feet. 4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance: a. Average Lakeshore Setback Variance 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The requested average lakeshore setback variance is in harmony with the Ordinance as the most adjacent neighbor sits at a higher elevation and their lake views will not be impacted by the pool. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variance resulting in a permit for construction of a swimming pool in a residential zone are consistent with the Comprehensive Plan. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of the proposed pool on a grade level patio lakeward of the average lakeshore setback appears to be reasonable as the owners of the adjacent properties previously stated no objection to the house, porch, and elevated terrace; the mature vegetation and topography separate the Property from the adjacent neighbors. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner.