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FILE#16-3877 <br /> November 15,2016 <br /> Page 6 of 8 <br /> City Code 78-123 provides additional parameters within which a variance may be granted <br /> as follows: <br /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. The average lakeshore setback <br /> ordinance is applicable for all existing lakeshore lots in Orono. However, new <br /> lakeshore subdivisions that create multiple single family lots are not common in <br /> Orono, as a majority of the City's lakeshore has long been developed. Strict <br /> application of the ordinance, which relies on the locations of existing homes in <br /> relation to new proposed homes, has the potential to be inconsistent and result in <br /> unintended outcomes due to the timing of construction on adjacent lots. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The standards applicable to this property apply to all other <br /> lakeshore property in the RR-1B District. However, when strictly applied to new <br /> lakeshore subdivisions,the ordinance can result in inappropriate home locations <br /> which can be avoided by the granting of variances when specific conditions are <br /> included. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.Granting of the average lakeshore setback <br /> variances with conditions will result in appropriately located homes so that the <br /> intent of the ordinance, preservation of lake views enjoyed by adjacent lots, is <br /> preserved. <br /> 11. The granting of the proposed variances will not in any way impair health, safety, <br /> comfort or morals, or in any other respect be contrary to the intent of this chapter. In <br /> the opinion of staff, granting of the requested variances would not impair health, <br /> safety, comfort or morals and would be in keeping with the intent of the zoning <br /> code. <br /> 12. The granting of such variances will not merely serve as a convenience to the applicant, <br /> but is necessary to alleviate demonstrable difficulty. In the opinion of staff,granting <br /> of the average lakeshore setback variances is necessary to solve an obvious <br /> practical difficulty created by strict application of the ordinance to a new <br /> lakeshore subdivision where the placement of a home and timing of construction <br /> on any given lot affects the potential allowable locations for homes on adjacent <br /> lots. In a situation where the location of the first home to be constructed can <br /> negatively affect the possible conforming locations for adjacent homes constructed <br /> later,granting of variances to the ordinance is an appropriate remedy to alleviate <br /> the practical difficulty. <br /> The 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 <br /> changed beyond the use permitted in this chapter in the district where such land is located. <br /> Analysis—`Blanket' Average Lakeshore Setback Variance <br /> Under the ordinance as currently written,administration of the average lakeshore setback is <br /> completely reliant on the location of the existing homes on the two adjacent lakeshore lots. <br />