02-11-2019 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 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 single family residence is an allowed use in the LR-1A 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 lot area, lot width, and average setback standards applying to the Property are similar to those of other properties in the neighborhood. 9. “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 properties in the neighborhood; however, due to the shape of the Property as well as the setbacks, the Owner’s requested hardcover variance may permit similar development of the Property that other similar-sized lots in the neighborhood are afforded, a variance to lot area and width is required. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The property rights of the Owner will be diminished if the lot area and lot width variances are not granted, as the new residence would not be able to be developed. 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 variances would not impair health, safety, comfort or morals and would not be contrary the intent of the zoning code. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The size, shape, and width of the Property, as well as the configuration create practical difficulties affecting the Property; the variances are necessary and will not merely serve as a convenience to the Owner. INTERIM USE PERMIT ANALYSIS: An IUP may be granted if the Council determines that the use will comply with the following: 1. “The use will meet the general performance standards in section 78-916 of this chapter.” The proposed grading will conform to the standards within Section 78-916 of the Zoning Code.