03-18-2019 Planning Commission Packet

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FILE#LA19-000011 18 March 2019 Page 4 of 6 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable, as the use for a residence is an allowed use in the LR-1C District. 7. 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. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property's substandard size and setback with respect to the lakeshore,Crystal Bay Road,and adjacent properties create difficulties which also apply to many of the properties in the same neighborhood.This substandard size appears to support a variance,but not a 28.8 foot reduction of the rear yard setback. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property's substandard size and setback with respect to the lakeshore,Crystal Bay Road,and adjacent properties create difficulties which also apply to many of the properties in the same neighborhood.See notes below. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The use of the property for a single family residence is the right of the property owner. The desire to expand is not a property right. Granting rear yard setback and hardcover variances would be necessary for the preservation of the property right of the applicant. 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 rear yard setback and hardcover variances in this unique situation is not contrary to the intent of the zoning chapter,though the amount of reduction may be. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variances are necessary as the property has considerable practical difficulties affecting development. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds practical difficulties inherent to the size, shape, and location of the roadway and the lake affecting the property which may justify granting variances allowing the addition. Most lots along Crystal Bay Road are non-conforming as to size and width and most lots have received variances to develop. The need for variances is fairly well established by the standards above. However, what reduction of setback is appropriate, and what level of development is too much for the lot and the neighborhood? Between 3405 and 3315 Crystal Bay Road (these addresses are accessed via,and are impacted by, the unplatted road)the smallest rear yard setbacks are 5, 6, 6.4, 7.4, and 7.5 feet. This variance, if approved,would in essence negate any rear yard setback.