Laserfiche WebLink
FILE # LA18-000043 <br />May 21, 2018 <br />Page 4 of 5 <br />6. The board or the council may not permit as a variance any use that is not permitted under <br />Orono City Code Chapter 78 for property in the zone where the affected person's land is <br />located. This condition is not applicable, as the use for a single family home is an allowed <br />use in the LR -1A District. <br />7. The board or council may permit as a variance the temporary use of a one -family dwelling <br />as a two-family dwelling. This condition is not applicable. <br />8. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property. The lack of a building envelope with the <br />substandard lot, the curved shoreline and curved right-of-way along the rear property <br />line and the steepness of the lot create a difficulties unique to the property. <br />9. The conditions do not apply generally to other land or structures in the district in which <br />the land is located. Due to the steepness of the lot the home should be set closer to the <br />road to create a manageable access. Moving the home further from the road creates a <br />an encroachment in the lakeyard setback and would require much more grading closer <br />to the lake. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. Staff finds this condition to be true. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort <br />or morals, or in any other respect be contrary to the intent of this chapter. Granting the <br />requested variances will not adversely impact health, safety, comfort, or morals; nor <br />will it be contrary to the intent of the Code. <br />12. The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty. The substandard area and width of the <br />Property; steepness of the lot, unique shoreline and the curved road long the rear <br />property line create practical difficulties affecting the Property; the variances are <br />necessary and do not merely serve as a convenience to the owner. <br />The Commission may recommend or Council may impose conditions in granting of variances. <br />Any conditions imposed must be directly related to and must bear a rough proportionality to the <br />impact created by the variance. No variance shall be granted or changed beyond the use <br />permitted in this chapter in the district where such land is located. <br />Practical Difficulties Statement <br />Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and <br />should be asked for additional testimony regarding the application. <br />Practical Difficulties Analysis <br />Staff finds that there are practical difficulties inherent to the lot area, width and setbacks. Staff <br />has done a preliminary review of the height with the submitted document. The proposed house <br />looks to meet the 30 foot height requirements with the draft plans submitted. The applicant is <br />not requesting any variances pertaining to height and shows they can meet this requirement. <br />Also, the applicant is not proposing to add any stairs for lake access. Staff asked for clarification <br />with the applicant and they have noted they are not proposing any lake access. The lot poses <br />multiple challenges with steepness on the lot, the curved road, and shoreline eliminates a building <br />envelope. <br />Engineer Comments <br />The applicant will need to address how water will be managed so it will not direct water to any <br />