09-11-2017 Council Packet - Laserfiche WebLink

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FILE # 17-3963 21 Aug 2017 Page 4 of 5 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 a residential use is an allowed use in the LR -1B 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 contains more land than the minimum LR -1B acreage requirement. This is not a practical difficulty. This criterion is not met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property contains more land than the minimum LR -1B acreage requirement. This is not unique in the district nor is it a practical difficulty. This criterion is not met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting a variance from the minimum lot area requirement of the LR -1B district to create a new buildable lot is contrary to the goals of the ordinance and is not necessary to protect the property rights of the owner. The property can be developed with a single family home. This criterion is not met. 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 the requested variance to create a substandard building site in the neighborhood impairs the comfort of the immediate neighborhood and is contrary to the chapter. This criterion is not met. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variance serves solely as a convenience to the applicant. This criterion is not met. 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 a Practical Difficulties analysis attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Staff finds that that applicant fails to satisfy all of the practical difficulties necessary to grant a variance, which is necessary to approve a subdivision to create a new, substandard buildable lot in the LR -1B zone. As detailed above, the City has historically not created substandard lots without a rezoning or a PRD process. Public Comments Staff spoke with one neighbor, who asked not to be identified, who was not in support of the variance and/or subdivision of the property. This neighbor further stated their concern with the fact that the City did not have regulations in place which prevent/prohibit the type of construction which was done on 940 North Arm Drive.