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1105,10iCITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 6829 <br /> gkEsrt00' <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 One Family Lakeshore Residential Zoning District. <br /> 3. The Property contains 0.69 acres in area and has a defined lot width of 123'feet at the 75 <br /> foot lake yard setback. <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 variances: <br /> a. Average Lakeshore Setback Variance <br /> 6. In considering this application for variances, the Council has considered the advice and <br /> recommendation of the Planning Commission and the effect of the proposed variances <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 . . . . The proposed deck will be slightly taller than the <br /> previous deck but is proposed to have a smaller encroachment of 11'6" into the <br /> average lakeshore setback. The applicant has worked to mitigate the encroachment <br /> by proposing a deck that does not encroach as much compared to the previous <br /> deck. The deck will not interfere with the sightlines of the neighbors meeting the <br /> intent and purpose for the average lakeshore setback with Is a sightline setback for <br /> the lake. This criteria is met. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The variances resulting in a permit for construction of a deck <br /> in a residential zone are 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 <br /> manner, however, the proposed use is not permitted by the official controls.The <br /> 2 <br />