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Resolution 6811
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Reso 0001-7499
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Reso 6800 - 6899 (October 23, 2017 - September 24, 2018)
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Resolution 6811
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1/9/2020 1:25:18 PM
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11/28/2017 10:37:06 AM
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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />ANALYSIS: <br />"Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance ...." The existing home on the Property is situated entirely <br />within the 75 -foot setback. The proposed addition by nature of the connection will <br />encroach approximately 20 feet into the 75 -foot setback, the balance of the addition will <br />be beyond the 75 -foot setback. The addition will be connected to the existing home in the <br />location of the open hot tub deck area which will also become enclosed. Likewise the <br />addition will encroach entirely lakeward of the average lakeshore setback line based on <br />the homes at 2707 Walters Port Lane and 2715 Pence Lane. The configuration of the <br />Property and the adjacent properties functions like a peninsula. This criterion is met <br />regarding the addition. <br />2. "Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan." The proposal to construct additions to the existing home in the most <br />conforming manner possible is consistent with the comprehensive plan. This criterion is <br />met. <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 proposed addition will increase the bulk and massing on the Property which <br />is already non -conforming. The location of the existing home and adjacent homes <br />offer limited opportunity to construct additions to the Applicants' home without <br />variances. This criterion is met. <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />The Property is configured as a peninsula creating an average lakeshore setback <br />line which cuts through the Property. The house was constructed within the 75 - <br />foot setback because the Property did not have the depth to construct a conforming <br />home. This criterion is met. <br />c. The variance, if granted, will not alter the essential character of the locality." <br />The majority of the additions will be toward the rear of the Property; the visual <br />massing of structure and additional hardcover within the 75 foot setback is minimal <br />and will not alter the character of the locality, particularly when viewed from the lake. <br />This criterion is met. <br />
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