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FILE #LA24-000009 <br />March 18, 2024 <br />Page 4 of 5 <br /> <br /> <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 RR-1B District. <br /> <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 /> <br />8. The special conditions applying to the structure or land in question are peculiar to such property <br />or immediately adjoining property. The location of the neighboring homes in relation to the <br />subject property and to Lake Lydiard are unique and create an extreme lakeshore setback. The <br />average lakeshore setback line prevents the development of the property that meets all other <br />zoning requirements. The special conditions of the property are unique and specific. This <br />criterion is met. <br /> <br />9. The conditions do not apply generally to other land or structures in the district in which the land is <br />located. The unique and existing conditions do not apply to other land or structures in the <br />neighborhood or district. This criterion is met. <br /> <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant. The granting of the average lakeshore setback variance will allow <br />the vacant property to be developed. The location of the neighboring homes and the unique <br />property shape create an extreme lakeshore setback. The proposed home meets the required <br />150-foot lake setback to preserve the environmental quality of Lydiard Lake. This criterion is <br />met. <br /> <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 variance <br />will not adversely impact health, safety, comfort, or morals of the community. The proposed has <br />been designed to minimize any current lake view enjoyed by the neighboring properties. This <br />criterion is met. <br /> <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 average lakeshore setback variance allows a <br />home to be constructed on a vacant lot. The lot and proposed home have been carefully <br />designed to meet all other setback requirements including the lake setback of 150 feet. The <br />placement and height of the proposed home minimize impacts on existing lake views currently <br />enjoyed by neighboring properties. This criterion is met. <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 chapter <br />in the district where such land is located. <br /> <br />Public Comments <br />The neighbors located at 793 Ferndale Road North and 265 Hollander Road have provided comment <br />letters. The letters are included as Exhibit F. <br /> <br />Issues for Consideration <br />1. Does the Planning Commission find that that the property owner proposes to use the property <br />27