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FILE#15-3769 <br /> October 15,2015 <br /> Page 5 of 6 <br /> Practical Difficulties Statement <br /> Applicants have completed the Practical Difficulties Documentation Form attached as Exhibit B, <br /> and should be asked for additional testimony regarding the application. <br /> Analysis(Practical Di�culties) <br /> Staff would offer the following with regard to the 12 practical difficulties considerations: <br /> 1. The property owner is proposing to use the property in a reasonable manner very <br /> similar to how it is currently and has historically been used. <br /> 2. The plight of the property owner is due to having a small lot in a developed <br /> neighborhood of similarly small lots, and which is physically constrained as to expansion <br /> due to required setbacks, conditions not created by the property owner. <br /> 3. Construction as proposed will not appreciably alter the character of the neighborhood, <br /> as the new garage replaces a garage in approximately the same location that existed <br /> until 2011. <br /> 4. Economic considerations are not a factor in this request. <br /> 5. Access to sunlight: NA. <br /> 6. Use variance?: NA <br /> 7. Use as 2-family dwelling? NA <br /> 8. The condition of a small, constrained lakeshore lot is common in Orono, but compared <br /> to many others, this lot due to its size and the 2-acre zoning standards functionally has <br /> no buildable area as compared to other lots which are wider, deeper and have more <br /> flexibility. <br /> 9. The property is unique in that very few lots in Orono of this size abut a creek that is <br /> considered as lakeshore, but this condition does affect other nearby lots along Eastlake <br /> Street which are subject to the same regulations. <br /> 10. The ability to have a garage would appear to be necessary for the preservation and <br /> enjoyment of any substantial property right. <br /> 11. Granting of the variances would not impair health, safety, comfort or morals and <br /> appears to be generally in keeping with the intent of the Zoning Code. <br /> 12. Granting the variances in order to have a minimum sized garage is necessary to alleviate <br /> a demonstrated practical difficulty. <br /> Neighbor Comments <br /> Comments about the application submitted by neighboring property owners are included in <br /> Exhibit 1. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the property owner proposes to use the <br /> property in a reasonable manner which is not permitted by an official control? <br /> 2. Does the Planning Commission find that the variances, if granted, will not alter the <br /> essential character of the neighborhood? <br /> 3. Does the Commission find it necessary to impose conditions in order to mitigate the <br /> impacts created by the granting of the requested variance(s)? <br /> 4. Are there any other issues or concerns with this application? <br />