11-28-2016 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 8. The Applicant has applied for the following conditional use permit: a. Guest house CUP 9. 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: 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 two story addition 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 in a guest house to be constructed in a new upper floor of 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. "