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FILE #LA24-000050 <br />November 18, 2024 <br />Page 7 of 8 <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 a marina is a permitted use in the B-2 <br />District. <br />7. The board or council may permit as a variance the temporary use of a one-family <br />dwelling as 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 narrow building envelope resulting <br />from the lake on three (3) sides of the property and a county right of way cutting <br />through the property are unique to this property. Additionally it is outlined in the <br />City Code that parking for this use should not be separated by a public roadway. <br />This application would correct a current nonconformity with the site. This criterion <br />is met. <br />9. The conditions do not apply generally to other land or structures in the district in which <br />the land is located. The property is surrounded by lakes on three (3) sides; the <br />location of the existing structures, and the impact of the right-of-way on the building <br />envelope 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 <br />substantial property right of the applicant. The new parking lot supports safety for <br />pedestrians and vehicles in the area. Additionally it protects landscaping and <br />natural vegetation around the lakeshore from vehicle impacts. The application <br />supports the preservation of the property right of the applicant. This criterion is <br />met. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort <br />or morals, or in any other respect be contrary to the intent of this chapter. Granting the <br />variance improves safety for the site as it will reduce the pedestrian demand on the <br />crosswalk over a county road and improves the circulation for the site. This criterion <br />is met. <br />12. The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty. There are practical difficulties that <br />support the application as proposed. The variance requested for a parking lot and <br />fencing in the 75 foot lakeshore and street setback areas, the hardcover in the 75 <br />foot setback will improve the overall safety and accessibility for a uniquely <br />challenging lot. This criterion is met. <br />The Commission may recommend or Council may impose conditions in granting of variances. <br />Any conditions imposed must be directly related to and must bear a rough proportionality to the <br />impact created by the variance. No variance shall be granted or changed beyond the use permitted <br />in this chapter in the district where such land is located. <br />Public Comments <br />No public comments have been received. <br />Issues for Consideration <br />1. Does the proposed parking lot a reasonable use of the site? <br />40