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sLOATp CITY OF 1ORONO99 RESOLUTION OF THE CITY COUNCIL 7 NO. `-IkES HORt 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 residential accessory buildings are 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 location and orientation of the existing buildings within the setbacks is an existing condition which is unique to the Property. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The location and existence of the nonconforming accessory buildings is an existing condition unique to a small number of properties in the City, but could be applied to all other lakeshore properties with detached garages, lake yard accessory buildings and boathouses. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Substantial property right is provided by the principal structure. The nonconforming buildings are allowed to be maintained and replaced in kind. Expansion of an existing non-conforming structure is not a right, however the buildings will be expanded in order meet current building code standards, modern garage functionality, and floodplain minimum low floor regulations. 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 requested variances will not adversely impact health, safety, comfort, or morals; The Commission should determine whether the modest expansion negates to goals of the code in relation to views into, and out of the property. 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 asserts that the variances are necessary to modestly increase functionality, and for safety and regulatory compliance, and will not merely serve as a convenience to the owners. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants the following to support reconstruction of two accessory buildings: 5