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Ot�O CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> Al <br /> NO. 7533 <br /> 9kESH046' <br /> B8."The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property." The Property's substandard size and shape <br /> (shallow depth), and sanitary sewer encroachment create difficulties that do not apply to <br /> many of the properties in the same neighborhood. The proposed setback and hardcover <br /> level are not out of character. <br /> B9."The conditions do not apply generally to other land or structures in the district in which the <br /> land is located." The Property's substandard size and width and sanitary sewer <br /> encroachment create difficulties that apply to very few properties in the City. Few of the <br /> neighboring properties have similar challenges. <br /> B10."The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant." The proposed footprint of the home does not <br /> encroach closer to the lake setback than the existing home. Granting of the lot area and <br /> width, setback, and hardcover variances are necessary for the preservation of the <br /> property rights of the owners. <br /> B11."The granting of the proposed variance will not in any way impair health, safety, comfort or <br /> morals, or in any other respect be contrary to the intent of this chapter." Granting the <br /> variances for lot area, lot width, hardcover, and setback in this situation is not contrary to <br /> the intent of the zoning chapter. <br /> B12."The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty." The variances for lot area and width, lake <br /> setback, and hardcover are necessary and do not merely serve as a convenience to the <br /> Applicant. <br /> CONCLUSIONS, ORDER AND CONDITIONS: <br /> Based upon one or more of the above findings, the Orono City Council hereby grants the <br /> following in conjunction with redevelopment of the Property: <br /> • A variance to Orono Municipal Zoning Code Section 78-350 to allow redevelopment of <br /> an existing lot where the area is 0.44 acre where 1.0 acre in area is required and having <br /> 140 feet of width at the lake and 130 feet at the 75-foot setback where 140 feet in width <br /> is required; <br /> • A variance to Section 78-1279 to allow the construction of a new two-story home to be <br /> built on the existing home's footprint, 62.9 feet from the lake, including a deck set back <br /> 61.4 feet from the lake; and <br /> 4 <br />