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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 6783 <br />mentioned meetings, and any and all other materials distributed at these meetings are <br />hereby incorporated by reference. <br />2. The Property is located in the LR -1C Zoning District. <br />3. The Property contains 0.69 acres in area and has a defined lot width of 130 feet at the <br />OHWL and 123 feet at the 75 feet. <br />4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater <br />Quality Overlay District. <br />5. Applicant has applied for the following variance: <br />a. Lake yard setback variance for retaining walls <br />6. 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 />1. "Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance . . . ." Granting the lake setback variance to allow the <br />improvements to be constructed within 75 feet of the OHWL is for the purpose of <br />preserving and protecting the existing slope in the lake yard and will likely not alter the <br />essential character of the locality. <br />2. "Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan." Granting the requested variance to permit additional structure within <br />the 75 -foot setback resulting from the retaining walls is consistent with the priorities <br />outlined in the comprehensive plan to protect lakeshore. Screening of the walls from the <br />lake will be a mitigating condition of approval of the variances, which is supported by 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 />2 <br />