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CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 7415 <br /> eikEStWO' <br /> 8. "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 />