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spATp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL yNO. 7042 *IL" N.G kESHoo' 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting the variances are necessary for the preservation of the property right of the Applicants as when all setbacks are combined they eliminate any legal buildable area on the Property. 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." Granting variances in this unique situation is not contrary to the intent of the zoning chapter. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The variances are necessary, and do not merely serve as a convenience to the Applicants. INTERIM USE PERMIT ANALYSIS: On the basis of the application and the evidence submitted, the City Council determines that the use will comply with the following: 1. The use will meet the general performance standards in section 78-916 of this chapter; the proposed grading will conform to the standards within Section 78-916 of the Zoning Code. 2. The use is allowed as an interim use in the applicable zoning district; this statement is true. 3. The use will not delay anticipated development or redevelopment of the site; the proposed grading activity will be conducted in conjunction with the development of the new single family home on the property. This statement is true. 4. The use will not be in conflict with any provisions of the city code on an ongoing basis; the proposed grading activity will not be in conflict with the Code. 5. The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located; this standard requires that the proposed grading and improvements must not substantially impair the use and enjoyment of the properties in the area when compared to the impairment or impact of generally permitted uses. The result of the proposed grading will not change the intended residential use of the Property so there should be no change in the use and enjoyment of adjacent properties resulting from the export of fill materials. However, activity of exporting approximately 1,120 cubic yards of fill and active grading of the Property during construction can have 6