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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 7415 <br />"The special conditions applying to the structure or land in question are peculiar to such property or <br />immediately adjoining property." The special conditions of the property include the substandard lot <br />size and width. The subject properties size is unique to the zoning district and larger area. This criterion <br />is met. <br />9. "The conditions do not apply generally to other land or structures in the district in which the land is <br />located." The subject property is unique in its small size, width and proximity to the OHWL and creek <br />which prevent the property from having a compliant building envelope. This criterion is met. <br />10. "The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant." The existing home does not have any outdoor living space. The <br />construction of the deck would allow the homeowner to fully enjoy the property. This criterion is met. <br />11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, <br />or in any other respect be contrary to the intent of this chapter." Granting the requested variances will <br />not adversely impact health, safety, comfort, or morals of the community. This criterion is met. <br />12. "The granting of such variance will not merely serve as a convenience to the applicant, but is <br />necessary to alleviate demonstrable difficulty." The property does not have any outdoor living space <br />and therefore the request is not simply to serve as a convenience to the applicant. The deck size is <br />minimal and additional hardcover has been removed in an attempt to mitigate the new deck. This <br />criterion is met. <br />CONCLUSIONS, ORDER AND CONDITIONS: <br />Based upon one or more of the above findings, the Orono City Council hereby grants a variance <br />from Orono Municipal Zoning Code Sections 78-1279, 78-1680, and 78-1700 to allow the construction a <br />new deck. <br />1. Council approval is based on the entire record, above Findings. <br />2. The approved project shall conform to the attached site plan and building plans submitted by the <br />Applicant and annotated by City staff (hereinafter the "Plans"), attached to this Resolution as <br />Exhibits A & B. <br />3. Removal of the stone walkway to the east of the house as shown in Exhibit A is required as part of <br />the project. <br />4 <br />