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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO.7667 <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 (area and <br />depth), location, proximity to the lake and the busy County roadway, and existing <br />conditions create difficulties that also apply to many of the properties along North Shore <br />Drive in the same neighborhood. <br />B9. "The conditions do not apply generally to other land or structures in the district in which the <br />land is located." Other properties in the general neighborhood are subject to similar <br />challenges; however, the Property is unique regarding the adjacent vacant property and <br />the extreme meander of the lakeshore contour. <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 hardcover and structural levels <br />are well under the maximums. Granting the variances is necessary for the preservation <br />of the 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 />requested variances would not be contrary to 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 size and setback are <br />necessary and do not merely serve as a convenience to the owners. <br />CONCLUSIONS, ORDER, AND CONDITIONS: <br />Based upon one or more of the above findings, the Orono City Council hereby grants the <br />following variances from the Orono Municipal Code to allow construction of a two-story home <br />with 4-foot-wide roof eaves/overhangs: <br />• Section 6.12.1550 to permit redevelopment of a substandard lot 0.3 acre in area, where <br />0.5 acre is required; <br />• Section 6.12.1550 for: <br />o A 22.5-foot setback from the rear lot line, where 30 feet is required; <br />o A 7.4-foot setback from the north side lot line, where a 10-foot setback is <br />required; <br />o A 59.6-foot setback from the OHWL, where a 75-foot setback is required; and <br />o An encroachment of 7 feet into the average lakeshore setback; and <br />• Section 6.12.9110, to permit approximately 240 square feet of hardcover within the 75- <br />foot setback from the OHWL, subject to the following conditions: <br />64 <br />