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4 CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. <br /> 6849 <br /> 4kES H OQ``" <br /> 3. The Property contains 0.43 acres in area and has a defined lot width of 135.56 feet. <br /> 4. The Property is within Tier 3 and hardcover is limited to 35 %according to the Stormwater <br /> Quality Overlay District. <br /> 5. Applicant has applied for the following variance[s]: <br /> a. Rear yard setback <br /> 6. In considering this application for variance, the Council has considered the advice and <br /> recommendation of the Planning Commission and the effect of the proposed variance <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 applicants propose to construct an addition to the <br /> existing residence on a residential property which is in line with the intent of the ordinance. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The variance resulting in a permit for an addition to 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 an additions to the existing home within the 30 foot rear street <br /> area appears to be reasonable as the adjacent properties do not appear to be adversely <br /> impacted;the home is confined by streets in 3 sides and a wetland to the east of the <br /> home limited the build envelope on the property. <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> The existing home,and neighboring homes are separated sufficiently to allow for light, <br /> air,and open space between the homes and the proposed addition,and <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> The scale or setbacks of the proposed addition to the home will not alter the character <br /> of the neighborhood. The setback in question is the rear yard because the frontage <br /> along Tonkawa is the shortest street frontage, although the front of the house faces <br /> 2 <br />