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8. "The special conditions appl y ing to the structure or land in question are peculiar to such property or immediately adjoining property ." The nonconforming size , irregular shape and location of Stubb's Bay Creek on the subject property are unique and peculiar conditions of the subject property that do not generally affect other properties within the City of Orono. 9 . "The conditions do not apply generall y to other land or structures in the district in which said land is located." See Applicants ' statement in response to item no. 8. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Unless the requested variances are granted , the subject property may not reasonably be used to construct a single-family residence thereon as proposed by Applicants, which use is a reasonable use permitted in the zoning district in which the property is located . 11 . "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." The proposed use of the property for a single-family residential purpose is a permitted use. Applicants' proposed residence is in keeping with the character of residences constructed on adjoining properties. Applicants have proposed screening, landscaping, vegetative buffering and other mitigative measures to prevent any adverse affects. The proposed variances will not be contrary to the intent of the Zoning Code. Applicants' proposed vegetative buffering and bank stabilization and improvement within the 75 foot setback from Stubb's Bay Creek will significantly improve the subject property and be of benefit to the surrounding neighborhood. As indicated in Applicants ' statement in response to item no . 3, granting of the variance will improve traffic safety because the driveway entrance will be relocated to Crestview A venue. Granting of the variance will also reduce hardcover within the 75 foot setback from Stubb's Bay Creek. 12 . "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." See Applicants' statements in response to item nos. 1, 2, 3, 4 , 8, l O and 11 , above. Removal of the existing dwelling and construction of the new single-family residence proposed by Applicants is the most reasonable use of the subject property . Granting of the requested variances to permit this use is necessary to alleviate demonstrable hardship to Applicants. Huth wa ite/Hardship Statement 2 RECEIVED SEP 2 1 2009 CITY OF ORONO #342