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Reso # 6833
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1095 Ferndale Rd W - 02-117-23-43-0023
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Reso # 6833
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Last modified
8/22/2023 4:10:49 PM
Creation date
4/4/2018 2:58:49 PM
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Address
House Number
1095
Street Name
Ferndale
Street Type
Road
Street Direction
West
Address
1095 Ferndale Rd W
Document Type
Resolutions
PIN
0211723430023
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CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> yF G� NO. 1683 3 <br /> 9KESHO' <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. Lot Area Variance; <br /> b. Lot Width Variance; <br /> c. Variance for Hardcover within the 75-foot setback; <br /> d. Lake Setback Variance; and <br /> e. Average Lakeshore Setback Variance. <br /> 6. In considering this application for variances and conditional use permits, the Council has <br /> considered the advice and recommendation of the Planning Commission and the effect of <br /> the proposed variance upon the health, safety and welfare of the community, existing and <br /> anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the <br /> effect on values of property in the surrounding area. <br /> VARIANCE ANALYSIS: <br /> 1. "Variances shall only be permitted when they are in harmony with the general purposes <br /> and intent of the ordinance . . . ."The lot width and area variances requested are consistent <br /> with the general intent of the Ordinance. The requested average lakeshore setback <br /> variances is in harmony with the Ordinance as the lake views enjoyed by the adjacent <br /> neighbors will not be impacted by the new home. The lake setback and hardcover <br /> variances are reasonable and necessary as the highest points of the Property for <br /> construction of the home above the 1% annual chance floodplain are located toward the <br /> lake. <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 single family <br /> residence in a residential zone are consistent with the 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 the property in a reasonable manner, <br /> however, the proposed use is not permitted by the official controls. <br /> The request to permit construction of portions of the proposed home lakeward of <br /> the average lakeshore setback appears to be reasonable as the owners of the <br /> adjacent properties have stated that they are not adversely impacted; the existing <br /> 3 <br />
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