Laserfiche WebLink
FILE#LA22-000041 <br /> 15 Aug 2022 <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 residential home is an allowed use in the LR-1C <br /> District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling as <br /> 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 shape of the shoreline as well as the <br /> setback from the lake of the adjacent homes creates difficulties for the Owners in <br /> redeveloping the property consistent with the homes in their neighborhood. <br /> 9. The conditions do not apply generally to other land or structures in the district in which the <br /> land is located.The property's shoreline orientation,and the relationship between the <br /> existing home and the setback of the adjacent properties create difficulties for the owners. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.The property has a conforming building envelope <br /> where a new home can be sited.Granting the average lakeshore setback variance is not <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 or <br /> morals,or in any other respect be contrary to the intent of this chapter.Granting the <br /> requested variance 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 is <br /> necessary to alleviate demonstrable difficulty.The requested variance would serve as a <br /> convenience to the applicant. • <br /> The Commission may recommend or Council may impose conditions in granting of variances.Any <br /> conditions imposed must be directly related to and must bear a rough proportionality to the impact <br /> created by the variance. No variance shall be granted or changed beyond the use permitted in this <br /> chapter in the district where such land is located. <br /> Public Comments <br /> Comments have been received and are attached as Exhibit G. <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 /> essential character of the neighborhood? <br /> 3. Does the Commission find it necessary to impose conditions in order to mitigate the <br /> impacts created by the granting of the requested variance(s)? <br /> 4. Are there any other issues or concerns with this application? <br /> Planning Staff Recommendation <br /> Finding inadequate practical difficulties to support the request, Planning Staff recommends denial. <br /> List of Exhibits • <br /> Exhibit A. Application <br /> Exhibit B. Practical Difficulties Documentation Form <br />