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����0��� <br /> 5. (Solar energy/earth sheltered properties) MAY 16 ��i� <br /> CLTIf'OF ORONO <br /> Not Applicable. � <br /> 6. "The Board of Appeals and Adjushnents or the Council may not permit as a variance any use that is <br /> not permitted under this Chapter for property in the zone where the affected person's land is located." <br /> The envisioned use is single-family residence,which is permitted in the zone. <br /> 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two- <br /> family dwelling." . <br /> Not Applicable.. <br /> 8. "The special conditions applying to the structure or land in question are particular to such property or <br /> immediately adjoining property." <br /> While recognizing that buildings on other vintage properties were placed outside current set-back <br /> � � requirements,the physical layout of the structures on this property is unique. The unsafe conditions <br /> related to the uncovered entry and exit and current inside stairways are especially severe for any older <br /> persons (or,regarding the stairways, also for taller persons) using or visiting the property. <br /> 9. "The conditions do not apply generally to other land or structures in the disirict in which said land is <br /> located." <br /> While recognizing that buildings on other vintage properties were placed outside current set-back <br /> requirements,the physical layout of the structures on this property is unique. The unsafe conditions <br /> related to the uncovered entry and exit and current inside stairways are especially severe for any older <br /> persons (or,regarding the stairways, also for taller persons) using or visiting the property. <br /> 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial <br /> property right of the applicant." : <br /> Owners submit that only with the granting of a variance application can the property be made reasonably <br /> safe for the owners' dwelling. Safe dwelling is held to be a substantial property right for single-family <br /> homes. <br /> 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals or <br /> in any other respect be contrary to the intent of the Zoning Code. . <br /> Owners submit that the proposed variance will substantially improve the safety of the properry,thus <br /> increasing their comfort and helping to prevent accidents which would seriously impair the health of any <br /> occupants and their guests or other visitors. In no respect will the result be contrary to the intent of the <br /> Zoning Code. <br /> 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is <br /> necessary to alleviate demonstrable hardship or di�culty." <br /> � <br /> dS <br />