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FILE#LA19-000082 <br /> 21 Oct 19 <br /> Page 4 of 5 <br /> 6. The board or the council may not permit as a variance any use that is not permitted under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located. This condition is not applicable, as a residence and garage are allowed uses in <br /> the LR-1C District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling <br /> as a two-family dwelling.This condition is not applicable. <br /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. The property's substandard size and <br /> orientation with respect to the lakeshore, and adjacent properties creates difficulties <br /> which also apply to many of the properties in the same neighborhood. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The property's substandard size, dual lakeshore frontage, <br /> topography, Fagerness Point Road, and adjacent properties creates difficulties which <br /> also apply to many of the properties in the same neighborhood. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Granting the requested variances are <br /> necessary for the preservation of the property right of the applicant. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter. Granting the <br /> requested variances in this unique situation is not contrary to the intent of the zoning <br /> chapter. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty. The variances do not merely serve as a <br /> convenience to the applicant. The variances are necessary as the property has <br /> considerable practical difficulties affecting development. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Practical Difficulties Statement <br /> Applicant has provided supporting documentation regarding the applicable Practical Difficulties <br /> attached as Exhibit B, and should be asked for additional testimony regarding the application. <br /> Practical Difficulties Analysis <br /> Staff finds that a number of the property characteristics are practical difficulties making <br /> development and improvement challenging. The topography of the lot, the dual lakeshore <br /> frontage, which applies lake and average lakeshore setbacks on both sides of the property, the <br /> narrowness of the lot,and the proximity to the road are all difficulties that support the requested <br /> variances. <br /> Public Comments <br /> To date, no public comments have been received. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the property owner proposes to use the <br /> property in a reasonable manner which is not permitted by an official control? <br /> 2. Does the Planning Commission find that the variance(s), if granted, will not alter the <br />