11-14-2016 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ANALYSIS: Variance Analysis: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance..."The proposed variance will be in harmony with the intent of the Zoning Code as the structure is existing. The conversion of the garage to a guest house will be conforming with respect to setbacks, and height. 2. "Variances shall only be permitted... when the variances are consistent with the comprehensive plan." The variance resulting a guest house use within the existing nonconforming residential garage in a residential zone is 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 size of the garage was not the result of actions by the Applicants. A guest house is permitted on residential properties which meet the size requirement. The 164 square feet of additional structure is minimal, reasonable, and will not result in the building appearing to be too massive on the Property. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The detached garage is an existing building on the Property not constructed by the Applicants. c. The variance, if granted, will not alter the essential character of the locality. " The Property is 1.25 acres in area, the proposed guest house use within the existing detached garage will not alter the character of the neighborhood. The total footprint of the detached garage exceeds the limit by 164 square feet, however 151 square feet of the overage is open deck and will not be as impactful on the appearance of massing. 4. "Economic considerations alone do not constitute practical difficulties." The Applicants have not requested consideration based on economic reasons.