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FILE # LA19-000082 <br />21 Oct 19 <br />Page 4 of 5 <br /> <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 /> <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 /> <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 /> <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 /> <br />Public Comments <br />To date, no public comments have been received. <br /> <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