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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />6 5 '-1 6 NO. _______ _ <br />e. There are circumstances unique to the Property not created by the Owner. <br />Portions of the Property have a 1 % annual chance of flooding. The Owner is <br />proposing to elevate the structure in a conforming manner and location to <br />meet the flood regulations; the narrowness of the Property creates a difficulty <br />in meeting the 15-foot fill extension requirement. <br />f. The variance will not alter the essential character of the locality. The proposed <br />home does not appear to result in a negative impact on the character of the <br />neighborhood. <br />g. The home and attached garage must be elevated out of the area of 1 % annual <br />chance of flooding. Orono Code requires the elevated fill extend at least 15 <br />feet from the structure's perimeter, due to the width of the Property the 15- <br />foot fill extension is not feasible. The resulting plan is not out of conformance <br />with the general neighborhood and will not result in a negative impact to the <br />adjacent properties. <br />h. The conditions do not apply generally to other land or structures in the district <br />in which the land is located. The Property is unique in that the proposed home <br />is located partially within the area of 1 % annual chance of flooding. <br />i. The granting of the application is necessary for the preservation and <br />enjoyment of a substantial property right of the Owner. <br />j. The granting of the proposed variance will not in any way impair health, safety, <br />comfort or morals, or in any other respect be contrary to the intent of this <br />chapter. <br />k. The granting of such variance will not merely serve as a convenience to the <br />applicant, but is necessary to alleviate demonstrable difficulty. There does not <br />appear to be enough width available on the property to result in a functional <br />width home which conforms to the 15-foot fill requirement. The site <br />constraints serve as a practical difficulty. <br />5. The Council has considered this application including the findings and <br />recommendation of the Planning Commission, reports by City staff, comments by <br />the Owners and the public, and the effect of the proposed variance and conditional <br />use permit on the health, safety and welfare of the community. <br />6. The City Council finds that the conditions existing on this Property are peculiar to <br />it and do not apply generally to other property in this zoning district; that granting <br />the variance and conditional use permit would not adversely affect traffic <br />Page4 of7