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sz,OATO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y NO. 7281 t kfSHo 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 a residential home is an allowed use 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 Property's substandard size creates difficulties which also apply to many of the properties in the same neighborhood. The proposed structural and hardcover levels are scaled for the size of the property and as proposed are not out of character. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property's substandard size creates difficulties which also apply to many of the properties in the same neighborhood. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting lot area and lot width variances are necessary for the preservation of the property right of the Owners. The Owners have indicated the requested hardcover variance is a property right. 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 variances in this unique situation will not adversely impact health, safety, comfort, or morals; nor will it be 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 narrowness and substandard size of the Property create practical difficulties affecting the Property. The variances for lot area, lot width are necessary, and do 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 a variance to Orono Municipal Zoning Code Section78-350 to allow redevelopment of a lot with substandard area and width; and a variance to Section 78-1700 to permit 29.2% hardcover where 25% is permitted, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 4