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�0�� C ITY OF ORONO RESOLUTION OF T'HE CIT'Y COUNCIL y � `� G~ NO. � � � 7 r�kESH�� the lots to the north had been combined by a lot combination agreement. It does not appear that the Applicants would have needed an average lakeshore setback variance if the riparian lot to the north had been treated as a vacant lot. The City is not aware of another circumstance where a home located on a nonriparian lot was used to calculate the average lakeshore setback. i) The conditions do not apply generally to other land or structures in the district in which the land is located. The need for the variance (resulting from a vacant lot with a lot combination agreement) is not common throughout the neighborhood or the community. j) The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the Applicants. The lot is currently vacant and the Applicants desire to build a home on the lot which is zoned residential. The Applicants could not build the house on the lot without the proposed variance. There are homes to the south of the Applicants' lot that are located on similarly sized lots. k) The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The proposed residential use is contemplated by the zoning ordinance. The size and height of the proposed structure conforms to the zoning ordinance without the need for any variances. The house will utilize city sewer. The proposed house will not impair the health, safety, comfort or morals of the Zoning Ordinance. 1) The granting of such variance will not merely serve as a convenience to the Applicants, but is necessary to alleviate a demonstrable difficulty. The average lakeshore setback prevents the Applicants from building a home on this lot. The building envelope created by the average lakeshore setback is restrictively smalL This is not a situation where someone is attempting to build a house that is too big for the lot. The proposed use and size of the structure is consistent with other properties located in the neighborhood. 5. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. Page 4 of 9 ��a2s6�2