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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. 7344 <br /> <br /> <br />4 <br /> <br />is unique to the subject property. The ADU exists today. There are no structural <br />alterations proposed. This is a unique condition to the Property. <br /> <br />B9. “The conditions do not apply generally to other land or structures in the district in which the <br />land is located.” Many of the lots in the immediate area are smaller than the 1.0 acre <br />necessary to support an ADU and would not meet the performance standards to an ADU <br />use. The request to eliminate the nonconforming parcel between the Applicants and the <br />neighbors the Abbotts and maintain the primary home as an ADU is a unique situation. <br /> <br />B10. “The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant.” The requested variances to the ADU <br />performance standards will help to maintain Orono’s density standards and are <br />necessary for the preservation of Applicants’ property rights. <br /> <br />B11. “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.” The granting of <br />variances to the minimum lot area and shared utility connection standard to permit an <br />ADU in this circumstance will remove a nonconforming lot from the neighborhood. No <br />new improvements are proposed which may conflict with the intent of the comprehensive <br />plan and zoning chapter. <br /> <br />B12. “The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty.” The variances for the ADU are the result <br />of the unique existing conditions, no new improvements are proposed. The variances are <br />supported by practical difficulties. <br /> <br />CONCLUSIONS, ORDER AND CONDITIONS: <br /> <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a <br />variance to Orono Municipal Zoning Code Section 78-1433 to allow an Accessory Dwelling Unit <br />(hereinafter the “ADU”) use on a property 0.73 acre in area where 1.0 acre is required and <br />independent (not shared) utility connections subject to the following conditions: <br /> <br />C1. Council approval is based on the entire record, above Findings. <br /> <br />C2. Any amendments to the approvals which are not in conformity with City codes may <br />require further Planning Commission and City Council review. <br /> <br />C3. Authorities granted by this resolution run with the Property not with the Applicants, but <br />are permissive only and must be exercised by recording the Subdivision Exception <br />documents (File #LA21-000078) and new deeds for the properties. The Subdivision