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p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti� NO. 7059 G I�kESHO�� 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a single family home is an allowed use in the LR-1A 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 size of the lot within the LR-1A zoning district is unique for the requested rear yard setback variances. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The size of the lot and its locations as it pertains to the existing zoning district is peculiar to the property 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Deck stairs are a relative minor improvement but important to the use of the deck and yard. 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 of the requested variance would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The application has stated the shallow lot has setback challenges. The property is unique in size for this zoning district. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-305 to allow for rear yard setback subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey with the revisions dated 8/1/2019 and submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be 3