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ap CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCILItijilL"- NO. 7400 <br />etEs Ho/' <br />216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not <br />applicable. <br />6. "The board or the council may not permit as a variance any use that is not permitted under Orono City <br />Code Chapter 78 for property in the zone where the affected person's land is located." This condition <br />is not applicable,as a residential home is a permitted use in the LR-1B District. <br />7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two- <br />family dwelling." This condition is not applicable. <br />8. "The special conditions applying to the structure or land in question are peculiar to such property or <br />immediately adjoining property." The substandard lot size, substandard lot width, and existing <br />conditions of the property are unique conditions to this specific property.This criterion 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." While the surrounding properties are similar in size,the location of the existing structures <br />on the property are unique to the subject property.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 is in a nonconforming location. The proposal will <br />maintain a similar rear yard setback, but to improve the required lake setbacks. The proposed home <br />will be in compliance with the average lakeshore setback and the 75-foot lake setback. The overall <br />hardcover will also be reduced on the site.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 variances allow for the construction of a new <br />home in a similar location to the existing home,while improving some of the nonconformities.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 variances to <br />Orono Municipal Zoning Code Sections 78-330, 78-350, and 78-1680 to allow the construction of a new <br />single family home with exceptions to lot area, lot width, 27.2 % overall hardcover and 28.1' rear yard <br />setback subject to the following conditions: <br />4