09-25-2017 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7. "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 -1 B District. 8. "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. 9. "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 -1 B acreage requirement and is able to utilize the existing land as a single family residential development without variances. This criterion is not met. 10. "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 - 1 B acreage requirement and six of the surrounding properties contain more than one acre and less than two acres. This is not unique in the district nor is it a practical difficulty. The Applicant has pointed out that there are several lots in the proximity of the Property which are less than one acre. However, The Applicant did not demonstrate, or introduce into the record, any evidence that those lots were created under the current zoning ordinance. This criterion is not met. 11. "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 -1 B district to create the Proposed Development 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 residence. This criterion is not met. 12. "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 the Proposed Development resulting in 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. 13. "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 by allowing them to subdivide a lot into lots that do not meet the minimum requirements of the Code. This criterion is not met. 14. All of the platted properties less than 1.0 acre in size within the 350 foot notification buffer were platted prior to 1965; prior to the LR -1 B designation. 15. The City Council finds that the Applicant's request would not be in keeping with the 4