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��Np CITY OF ORONO <br /> RESOLUTION OF TI-IE CITY COUNCIL <br /> s� `� No. 6 7 8 3 <br /> ��KES H 0�� <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-1 C 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 fhe prope►ty in a reasonab/e manner, <br /> however, the proposed use is not pem►itted by the official contmis. <br /> 2 <br />