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p CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> y� `� NO. <br /> 6851 <br /> �4KES H Ov-Q. <br /> 3. The Property contains 0.54 acres in area and has a defined lot width of 100 feet. <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 variance[s]: <br /> a. Retaining walls located in the 75-foot lakeyard 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 . . . ." Preserving and protecting the existing slope in the <br /> lake yard is in harmony with the intent of the ordinance. The proposed retaining <br /> walls will be screened with vegetation to maintain the rural nature of the lake. This <br /> will likely not alter the essential character of the locality. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The proposed retaining walls are recessed into the earth to <br /> limit their visual impacts and support the stairs and slope on the property, <br /> maintaining the rural character of the lake. <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 owner proposes to install Improvements which are residential in nature <br /> and reasonable from a residential scope. <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> 2 <br />