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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <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 the use for a single family home is an <br />allowed use in the LRAA District. <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 />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 and <br />orientation with respect to the lakeshore creates difficulties which may also apply <br />to properties in the same neighborhood. <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 and orientation with respect to the <br />lakeshore creates difficulties which may also apply to properties in the same <br />neighborhood. However, the location of the lake surrounding the building envelop <br />is very unique to this property. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. Granting a lot area, side yard and lake <br />setback variances are necessary for the preservation of the property right of the <br />application. The retaining walls in the lakeyard and average lakeshore setback, <br />hardcover for the patio variances facilitate the use of the property for the new home <br />and are necessary for the preservation of the property. <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 />requested variances in this unique situation is not contrary to the intent of the <br />zoning chapter. <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 variances do not merely serve as <br />a convenience to the applicant. The variances are necessary as the property has <br />considerable practical difficulties affecting development. <br />INTERIM USE ANALYSIS: <br />1) The use will meet the general performance standards in section 78-916 of this <br />chapter; The grading will conform to the standards within Section 78-916 of the <br />Zoning Code. <br />2) The use is allowed as an interim use in the applicable zoning district; grading of <br />materials are permitted within the LR -1A zoning district; this statement is true. <br />3) The use will not delay anticipated development or redevelopment of the site; the <br />proposed grading activity will be conducted in conjunction with the <br />development of the new single family home on the property. This statement is <br />true. <br />4 <br />