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FILE # LA26-000006 <br />16 March 2026 <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 criterion is <br />satisfied, as a single-family residential dwelling is an allowed use within the LR-1A District, and the <br />variance request does not involve a use that is otherwise prohibited by the zoning code. <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 Property’s location and orientation as a peninsula is unique. Due <br />to the nature of the Property configuration, the application of the average lakeshore setback causes a <br />practical difficulty. <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 property’s location and configuration on the lake are unique conditions that apply <br />primarily to this property. The application of the lakeshore setback requirements significantly restricts <br />the ability to improve the property without a variance, thereby creating a practical difficulty. <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial property <br />right of the applicant. The home can be reconstructed in kind. However, minimal relief from the <br />ordinance allows for functional improvements to the footprint while retaining the character of the area <br />consistent with the existing home. This criterion is met. <br /> <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. The proposed project will not impair the <br />health, safety, comfort, or morals of the public. <br /> <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. Granting of the variance will resolve and alleviate a demonstrated <br />practical difficulty caused by the application of the extreme average lakeshore setback applied to the <br />Property. <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 />To date, no public comments have been received. <br /> <br />Issues for Consideration <br />1. Does the Planning Commission find that the property owner proposes to use the property in a <br />reasonable 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 <br />character of 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 />Planning staff recommends approval of the average setback variance for the construction of the addition to the <br />home. <br />48