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