#6694-variances-2016 - Laserfiche WebLink

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��o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti� �� rro. ��. 6 � �� `qkFSH�� B7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." This condition is not applicable. B8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The lot is one of the smallest in the neighborhood. The adjacent property to the south is nearly identical in size and shape to the applicants' property, and was granted variances in 2006 for 20% structural coverage. Most of the developed lakeshore lots in the immediate area are larger than appGcants' lot and most have lot coverage exceeding the 15% limit. B9. "The conditions do not apply generally to other land or structures in the district in which the land is located". The standards applicable to this property apply to all other property in the LR-1C District; the lot coverage limits similarly apply to all other lots in the LR-1C district that are less than 2 acres in area. However, the LR-1C district contains many homes on properties which do not meet the LR-1C lot size standards due to originally being platted or developed prior to establishment of zoning codes in Orono. B10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting of the lot area and width variances is necessary to preserve the property rights of the owner to build a new residence on the property. Similarly, in order to construct a residence consistent with the size, quality, and functionaGty of other lakeshore homes in the neighborhood,some level of hardcover variance and lot coverage variance is necessary. Granting of hardcover and structural coverage variances is not necessary if the ability to construct a residence consistent in size and functionality with the surrounding neighborhood is not a consideration. B 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting of the requested variances would not impair health,safety,comfort or morals and would be in keeping with the intent of the zoning code. B12. "The granting of such variance will not merely serve as a convenience to the applicant,but is necessary to alleviate demonstrable difficulty." Granting of the area and width variance is necessary to solve an obvious practical difficulty. Granting of hardcover and structural coverage variances is also necessary in order to allow construction of a home that is commensurate with the surrounding neighborhood, and which provides for functionality and room sizes that are reasonably expected and accepted as normal in the neighborhood. However, the proposed patio encroachment constituting hardcover within the 0-75' lakeshore setback zone is not supported by a practical difficulty. 5