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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � gC�A NO. 7221 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The existing garage within the setbacks is an existing condition which is somewhat unique to the Property but not uncommon in the immediate neighborhood. The Applicant's revised plan improves the existing side setback by approximately 2.3 feet. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The narrowness of the lot and the setbacks of the adjacent homes which create a deep average lakeshore setback reduce the buildable area. 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 garage is allowed to be maintained and replaced in kind. The Applicant's proposed expansion of the existing non-conforming garage is not a right, however the garage will be expanded the minimal amount necessary in order to improve the functionality and livability of the existing home while maintaining the character with an improved side setback. 11. "The granting of the proposed variances 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 of the home, 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 a variance to Orono Municipal Zoning Code Section 78-330 to allow a 16 foot rear setback and a 3.5 foot side setback in conjunction with construction of an addition connecting the detached garage to the home; and construction of a second story over the garage, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 4