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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. 7498 <br /> <br />4 <br /> <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 /> <br />8. “The special conditions applying to the structure or land in question are peculiar to such property or <br />immediately adjoining property.” The existing position of the home on the lot is unique to this property. <br />This criterion is met. <br /> <br />9. “The conditions do not apply generally to other land or structures in the district in which the land is <br />located.” The request is specific to this property as it is impacted by the existing location of the home. <br />This criterion is met. <br /> <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 outdoor living space in the form of <br />a deck or patio. The existing home does not meet the required rear yard setback of 50 feet and therefore <br />a new deck on the rear of the home would require a variance. The proposal will allow the property <br />owner to enjoy their yard fully. Hardcover and street yard setbacks are met. This criterion is met. <br /> <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 /> <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 />deck for a single-family home that does not currently have outdoor living space. The requested <br />setbacks of 24 feet from the rear and side yard setbacks are due to the substandard size of the lot and <br />placement of the existing home. This criterion is met. <br /> <br /> <br />CONCLUSIONS, ORDER AND CONDITIONS: <br /> <br /> Based upon one or more of the above findings, the Orono City Council hereby grants variances <br />from Orono Municipal Zoning Code Section 78-305 to allow the construction of a deck that encroaches <br />into the rear and side yard setbacks: <br /> <br />1. Council approval is based on the entire record, above Findings. <br /> <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 /> <br />46