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��0 CITY OF ORONO RESOLUTION OF�TI�E CIT�COUNCIL � ,, 6 6 �,� ��, �� No. G 1qkESH�R� 7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." This criterion is not applicable. 8. "The specia� conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The Property is a corner lot with a defined front yard on Shoreline Drive with the functional front facing Carman Street. The garage, constructed in 1975, is in a nonconforming location on the Property. The proposed improvements to the garage will not increase the nonconformity. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located."The nonconforming location of the garage and the corner lot status make the Property unique in the neighborhood. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Staff finds this criterion to be met. 11. "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." Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The location and size of the garage as well as the garage's proximity to the home create practical difficulties affecting the Property; the variances are necessary and not merely serve as a convenience to the Applicants. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances from Orono Municipal Zoning Code Section 78-1434 to allow the second story over the oversized garage 11.9' from the rear lot line, and 28.4' from the side lot line where 30-foot setbacks are required; and a variance from Code Section 78-1438 to permit an addition to the home to encroach one foot into the required 10-foot separation between buildings, subject to the following conditions: 1. Council approval is based on the survey dated 06/10/2016 and revised 06/30/2016 by Sathre-Bergquist, Inc., and the building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B, hereinafter the "Plans". Any 4