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LA26-000003 <br />17 February 2026 <br />Page 4 of 5 <br />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: <br />This condition is not applicable <br />7. The board or council may permit as a variance the temporary use of a one -family dwelling as <br />a two-family dwelling: <br />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: <br />The applicant has preserved many of the site's conditions and features, aside from the house, <br />including the septic system and much of the driveway. These existing improvements are all <br />partially within the building envelope of the property, making it extremely difficult to relocate the <br />pool and patio into a conforming location to address the modifications needed to the septic <br />system. This criterion is met. <br />9. The conditions do not apply generally to other land or structures in the district in which the <br />land is located: <br />The layout of the property is unique, including the existing improvements on site such as the septic <br />system and tennis court. 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: <br />A variance would allow for a reasonable shift in the pool and patio location to accommodate <br />improvements to the existing septic system and decreasing the hardcover in shore setback. Being <br />able to maintain a reasonable use of the site with this new variance is necessary for the rights of <br />the property owner. This criterion is met. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort or <br />morals, or in any other respect be contrary to the intent of this chapter: <br />The home was demolished in 2023 and variances were granted for a new home and accessory <br />improvements. The hardcover of the patio lakeward of the original house was approximately 95 <br />feet away from the OHWL and the new proposed pool and patio are located 88 feet from the <br />OHWL. Although the proposal involves shifting hardcover closer to the lake, there will be a <br />decrease in the total hardcover for the site and in the shore setback zone based on the proposed <br />reorientation and removals. The redevelopment of the site by the applicant dating back to 2023 <br />has involved the utilization of existing improvements and reducing impacts to the lakeshore, as <br />much as feasible. Given many of the improvements on properties on French Lake are within the <br />shore setback zone, the variance should not impact the health, safety of welfare of residents in the <br />area. This criterion is 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: <br />The granting of the requested variance is reasonable, and would allow for a relocation of <br />hardcover outside of a shallow building envelope. This criterion is met. <br />37 <br />