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FILE #16-3845 July 13, 2016 Page 4 of 6 6. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. This is not applicable to this application, as the residential use is a permitted use. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This is not applicable to this application. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The conditions applicable to this property are typical of the Crystal Bay neighborhood but are not typical of the overall RR-lB zoning district. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The conditions apply to many other 100' wide corner lots in the Crystal Bay neighborhood which as a result of the required setbacks would have only a 20' wide buildable envelope under RR-lB standards; but do not apply to a majority of lots within the RR-lB district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The property is typical of single family lot in the Crystal Bay neighborhood. Further, the property was assessed for a sewer unit and provided with municipal sewer in 1985, hence the property was assumed to be buildable as a combination of two lots at that time, as evidenced by City Council Resolution No. 1797. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting of the variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The lot size as compared to the RR-lB zoning standards is a practical difficulty, as adherence to those standards would result in a very narrow buildable envelope and a home that would be out of character with the surrounding neighborhood. Granting of the area, width and setback variances will solve a practical difficulty that otherwise would make the lot virtually unusable for a single family home. The Planning Commission may recommend and the Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Lot Area/Width Variances The property at 100' wide and less than ½ acre in area is typical of lots in the Crystal Bay neighborhood, the majority of which was platted in 1909 and 1915. Over the past century, individual lots as well as double lots and a few triple or larger lots have been built on with single family homes. The RR-lB zoning of the Crystal Bay neighborhood is a reflection of the surrounding rural area, and has never been revised to reflect the actual neighborhood lot sizes created 100 years ago. Rezoning to more closely match the prevailing lot sizes has been discussed in the past but not acted upon. Note that Orono's ½-acre zone standards would allow for a 0.5 acre lot and 100' width, with setbacks of 30' front and rear, 10' sides, and 15' side street.