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-cLaAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7340 �"ESHO�ti defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78."This condition is not applicable. B6."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 property is an allowed use in the RR-1B District. B7."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. B8."The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property."The Applicants' proposed changes to the lot lines will bring the Briar Street property closer to conformance. Many of the properties in the Crystal Bay neighborhood are similarly nonconforming. The lot and area width limitations are not unique to the applicants' properties. B9."The conditions do not apply generally to other land or structures in the district in which the land is located." The size and orientation of the subject properties, specifically the Arbor Property, is unique in the Crystal Bay neighborhood. The lot and area width limitations are not unique to the Applicants' properties. B10."The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The property owners indicate that the adjustment of the properties will preserve their property rights. B11."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."The granting of a lot width variance standard to permit boundary line adjustment on undersized properties is not in conflict with the intent of the comprehensive plan and zoning chapter. B12."The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty."The Applicants have stated the variances are necessary due and the need for approval of the variances is not out of convenience. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants the following variances to facilitate the above-mentioned subdivision exemption: • Orono Municipal Zoning Code Section 78-420 for a lot area variance to allow the Arbor Property to be reduced in area from 27,999 square feet to 13,991 square feet; 4