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FILE # LA25-000041 <br />20 October 2025 <br />Page 4 of 4 <br /> <br /> <br />6. The board or the council may not permit as a variance any use that is not permitted under Orono City <br />Code Chapter 6.12 for property in the zone where the affected person's land is located. This condition is <br />not applicable, as a residential home is an allowed use in the LR-1B District. <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 steep, wooded slope on the street side of the existing home, <br />combined with the home’s proximity and orientation to the lakeshore and the deep setbacks of the <br />adjacent homes, creates difficulties in improving the property consistent with the homes in their <br />neighborhood. <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 topography, the steep, wooded slope, the location of the existing improvements, <br />and the extreme setbacks of the adjacent homes to the lake create difficulties for the owners. <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial property <br />right of the applicant. The owners assert that granting the variance is necessary for the preservation of <br />their property 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. Granting the requested variance in this <br />unique situation is not contrary to the intent of the 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 applicant asserts that the requested variance is necessary and <br />does not merely serve as a convenience to the owners. <br /> <br />The Commission may recommend, or the Council may impose conditions in granting variances. Any conditions <br />imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. <br />No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land <br />is located. <br /> <br />Public Comments <br />Supportive comments from neighbors have been received, one commentor was not in support. The neighbor <br />comments are attached as Exhibit J. <br /> <br />Issues for Consideration <br />1. Does the Planning Commission find that the property owner proposes to use the property in a reasonable <br />manner that is not permitted by an official control? <br />2. Does the Planning Commission find that the variance, if granted, will not alter the essential character of <br />the neighborhood? <br />3. Does the Commission find it necessary to impose conditions to mitigate the impacts created by the <br />granting of the requested variance? <br />4. Are there any other issues or concerns with this application? <br /> <br />Planning Staff Recommendation <br />Staff recommends approval. <br /> <br />9