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6. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. Residential uses are allowed in this zoning district. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Not applicable. 8. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The special conditions that apply to this lot are its irregular shape and its location on a peninsula. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. There are other zoning lots in the city of Orono that are located on peninsula's and have residences located forward of the average lakeshore setbacks. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant or property owner will need to provide testimony regarding the preservation and enjoyment of property rights. 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 variance will not impair health, safety, comfort or morals. 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. The proposed design of the new residence would need to be modified to locate behind the average lakeshore setback. The circular drive would need to be relocated. #2265 Robert Lund for Newmans 1655 Bohns Point Road Variances PC:7/19/97 page--4