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�ONp CITY OF ORONO RESOLUTION OF T��CIOY f OUNCIL y� ti` NO. y G I9kE5 H p�0 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 the single family home is an allowed use in the RRA B 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 has an extremely limited building envelope. The front setback and creek setback overlap for much of the lot leaving a small triangle building area towards to south end of the property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property is substandard in area and has overlapping setbacks in the front and rear yard. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff finds this to be true. 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 variance does not imminently threaten health, safety, or morals. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variance for the front yard setback in necessary, and do not merely serve as a convenience to the applicant. Other locations impact the creek yard, or side yard setbacks, which impacts massing. 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 78-420 to allow 31.7 front yard setback, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated 5/15/2019 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be 3