Laserfiche WebLink
FILE # LA22-0000065 <br />17 Jan 2023 <br />Page 4 of 5 <br /> <br />ADU, this condition is not applicable, as an ADU is allowed in the LR-1C District for properties which <br />meet the minimum requirements. <br />7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two- <br />family dwelling. This condition is not applicable. <br />8. The special conditions applying to the structure or land in question are peculiar to such property or <br />immediately adjoining property. The applicants propose changes to the lot configuration to remove a <br />nonconforming lot and to solve an average lakeshore setback issue that is unique to the subject <br />properties. If the variances for the ADU are approved, the applicant and the Abbotts intend to split <br />and combine the “Swenson” lot with their own would removing a nonconforming lot would result in <br />bringing both the Abbotts and the Oares properties closer to conforming. This is a unique condition to <br />the property. <br />9. The conditions do not apply generally to other land or structures in the district in which the land is <br />located. Many of the lots in the immediate area are smaller than the 1.0 acres necessary to support an <br />ADU and would not met the performance standards to an ADU use. <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant. The variances to the required minimum lot area for an ADU is at odds <br />with Orono’s density standards and is not necessary for the preservation of applicants’ property <br />rights. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in <br />any other respect be contrary to the intent of this chapter. The granting of variances to the minimum <br />lot area and utility connection standard to permit an ADU on an undersized property is in direct <br />conflict with the intent of the comprehensive plan and zoning chapter. <br />12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to <br />alleviate demonstrable difficulty. The lot area variance for the ADU appears to be strictly for the <br />convenience of the property owner and unsupported by practical difficulties. <br /> <br />The Commission may recommend or Council may impose conditions in granting of variances. Any conditions <br />imposed must be directly related to and must bear a rough proportionality to the impact created by the <br />variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where <br />such land is located. <br /> <br />Accessory Dwelling Unit Performance Standards <br />No property within a single-family residential district shall have more than one dwelling unit, except an ADU <br />may be permitted as an accessory use to a single-family dwelling when the following requirements are met. <br />a. The property must be located within the R-1A, R-1B, LR-1A, LR-1B, LR-1C, LR-1C-1, RR-1A, or RR-1B <br />Zoning Districts. The property is located within the LR-1C District. This criterion is met. <br />b. An ADU, attached or detached, shall only be permitted on lots one acre or greater in area. The <br />property, once combined, will be 0.73 acres in area. This criterion is not met. <br />c. No more than one ADU shall be permitted on a lot or parcel. The applicant proposes one ADU. <br />d. Total floor area of an ADU shall be no more than fifty percent (50%) of the primary dwelling unit’s total <br />floor area. The total floor area of an ADU shall not be less than three hundred (300) square feet. The <br />floor area of the principal dwelling is 3,087 square feet; the “Swenson” Home is 1,244 square feet which <br />is approximately 40% of the principal building square footage. This criterion is met. <br />e. The ADU shall not have separate utility connections. The primary residence and ADU must be served by <br />shared municipal water, sanitary sewer, gas, and electric utility services. If not served by municipal <br />sewer and water, the primary residence and ADU shall meet the private well and septic requirements <br />of the Code. The principal building and the “Swenson” home have existed on separate lots for over 30 <br />years. They have separate utility connections. This criterion is not met. <br />f. An ADU shall be designed and maintained so as to be consistent with the architectural design, <br />integrated materials, style, appearance, and character of the primary residence as a single-family