10-16-2017 Planning Commission Packet

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, FILE#17-3970 16 Oct 2017 Page 4 of 5 condition is not applicable,as the use for a residential addition is an allowed use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The owners' recent acquisition of adjacent land provides relief for many of the existing limiting conditions on the property as the size of the property has increased significantly. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The 3.6 acre size of the property exceeds many of the adjacent properties in the neighborhood.This criterion is not met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.The owners have an existing home on the property demonstrating reasonable use.This criterion is not met. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.The intent of the zoning ordinance is to provide an opportunity for development and reinvestment in neighborhoods while reinforcing Orono's goals of lake and natural resource protection,while preserving the unique neighborhood character. The proposed addition,and the prerequisite boundary line adjustment,is out of character with the neighborhood,and the lake yard variances are proposed to avoid a tenant of the Code intended to protect against uncharacteristic bulk and mass. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. It appears the purpose for granting the requested variances would be for the convenience to the applicants.This criterion is not met. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B,and should be asked for additional testimony regarding the application. Practical Difficulties Analysis The applicant's preceding variance request on the October agenda (File#17-3947)which lays the groundwork for the administrative lot line rearrangement, results in proposed lot area for this property of 3.6 acres.According to Code, a pool of any size and one oversized accessory building up to 1,600 square feet can be constructed square.The proposed addition exceeds the accessory building limitation by 2,000+square feet. Although they are gaining a significant amount of lot area,the property owners are proposing an addition which will triple the size of the home on the property;adding more structure and hardcover within the already burdened average setback and lake setback areas. They are proposing the connection in the most inconspicuous place possible,which will also avoid impacting the existing generator and mechanicals on the side of the home. However the existing conditions do not necessarily constitute a practical difficulty supporting the variances. Additionally,the necessity for the work proposed within the 75-foot setback area to install retaining walls