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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 1 0 8 stairs for lake access and accessory buildings are allowed uses in the LR -1C 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 slope of the property combined with the pre-existing improvements is a unique condition to the subject property. The existing shed and proposal to move the shed to an unpermitted area is not a special condition and is not unique. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The subject property's specific slope and existing improvements are creating conditions which do not apply to adjacent properties. The new proposed shed would be closer to the lake than the current shed. The new placement of the shed would change the nature of the hardcover from patio to building within the lakeyard and the building would be placed in the average lakeshore setback. This condition is created by the property owner and not unique. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting a lake setback variance to allow the retaining walls within the 75 -foot lake setback is reasonable and necessary to preserve the property rights of the owner and supported by the vulnerable lake yard slope on the property. Allowing the relocation of an accessory building within the lakeyard, average lakeshore setback and as new building hardcover is not necessary and could be relocated to a more conforming location. 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 the lakeyard setback variance allowing the retaining walls within the 75 -foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. Allowing a new accessory building in the lakeyard, average lakeshore and as new hardcover would be contrary to the intent of the City 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 applicant has demonstrated practical difficulties which support granting the lakeyard setback variance to permit the construction of retaining walls to support lake access stairs within 75 feet of the OHWL. Relocation of the accessory building within the lakeyard, average lakeshore and as new building hardcover is not necessary and serves as a convenience to the applicant.