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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. 7281 <br /> <br /> <br />4 <br /> <br />6. “The board or the council may not permit as a variance any use that is not permitted under <br />Orono City Code Chapter 78 for property in the zone where the affected person's land is <br />located.” This condition is not applicable, as a residential home is an allowed use in the <br />LR-1C District. <br /> <br />7. “The board or council may permit as a variance the temporary use of a one-family dwelling <br />as a two-family dwelling.” This condition is not applicable. <br /> <br />8. “The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property.” The Property’s substandard size creates <br />difficulties which also apply to many of the properties in the same neighborhood. The <br />proposed structural and hardcover levels are scaled for the size of the property and as <br />proposed are not out of character. <br /> <br />9. “The conditions do not apply generally to other land or structures in the district in which the <br />land is located.” The Property’s substandard size creates difficulties which also apply to <br />many of the properties in the same neighborhood. <br /> <br />10. “The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant.” Granting lot area and lot width variances are <br />necessary for the preservation of the property right of the Owners. The Owners have <br />indicated the requested hardcover variance is a property right. <br /> <br />11. “The granting of the proposed variance will not in any way impair health, safety, comfort or <br />morals, or in any other respect be contrary to the intent of this chapter.” Granting the <br />variances in this unique situation will not adversely impact health, safety, comfort, or <br />morals; nor will it be not contrary to the intent of the zoning chapter. <br /> <br />12. “The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty.” The narrowness and substandard size of <br />the Property create practical difficulties affecting the Property. The variances for lot area, <br />lot width are necessary, and do not merely serve as a convenience to the Owners. <br /> <br />CONCLUSIONS, ORDER AND CONDITIONS: <br /> <br /> Based upon one or more of the above findings, the Orono City Council hereby <br />grants a variance to Orono Municipal Zoning Code Section78-350 to allow redevelopment of a lot <br />with substandard area and width; and a variance to Section 78-1700 to permit 29.2% hardcover <br />where 25% is permitted, subject to the following conditions: <br /> <br />1. Council approval is based on the entire record, above Findings.