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FILE # LA22-000041 <br />15 Aug 2022 <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 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 /> <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 /> <br /> <br />Public Comments <br />Comments have been received and are attached as Exhibit G. <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 <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 /> <br />Planning Staff Recommendation <br />Finding inadequate practical difficulties to support the request, Planning Staff recommends denial. <br /> <br />List of Exhibits <br />Exhibit A. Application <br />Exhibit B. Practical Difficulties Documentation Form