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FILE #LA23-000032 <br />July 17, 2023 <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 Orono <br />City Code Chapter 78 for property in the zone where the affected person's land is located. This <br />condition is not applicable, as a residential home is a permitted use in the LR -1A District. <br />7. The board or council may permit as a variance the temporary use of a one -family dwelling as a <br />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 property <br />or immediately adjoining property. The substandard lot size, substandard width, topography, <br />and existing site elements are unique conditions to this specific property. This criterion is met. <br />9. The conditions do not apply generally to other land or structures in the district in which the land is <br />located. While the surrounding properties are similar in size, the topography and location of the <br />existing elements on the property are unique to the subject property. This criterion is met. <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant. The proposed home's placement is limited on the site due to site <br />constraints. The applicant is requesting the minimum amount necessary to construct a <br />reasonably sized home. The requested rear yard setback of 45 feet where 50 is required is <br />actually an improvement to what is there currently. The existing home is approximately 41 feet <br />from the rear property line. This criterion is met. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, <br />or in any other respect be contrary to the intent of this chapter. Granting the requested variances <br />will not adversely impact health, safety, comfort, or morals of the community. This criterion is <br />met. <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 variances allow for the construction of a new <br />home on a substandard lot. The rear yard setback variance is minimal to construct a new home <br />on the property. All other zoning requirements including hardcover and lot coverage are met. <br />This criterion is met. <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 chapter <br />in the district where such land is located. <br />Public Comments <br />The applicant has provided acknowledgement forms from the neighbors, but no other public comment <br />has been received. <br />Issues for Consideration <br />Does the Planning Commission find that that the property owner proposes to use the property <br />in a reasonable manner which is not permitted by an official control? <br />Does the Planning Commission find that the variance(s), if granted, will not alter the essential <br />character of the neighborhood? <br />Does the Commission find it necessary to impose conditions in order to mitigate the impacts <br />created by the granting of the requested variance(s)? <br />