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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 9U Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The location of the watermain through the lot, and not within an easement does impact the property, and the ability for the owner to improve the lot. This is peculiar to the subject lot. The small lot does add challenge to reasonable improvements for the property. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The watermain does not impact other properties in the area the same way. This watermain effective makes the side yard setback 19-33 feet, depending on the location of the watermain. Other lots in the area have received variance to improve the properties. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The lot permits approximately 2,400 square feet of buildable area. It seems likely that some variance would be necessary to build a home with the typical amount of covered parking and the amount of living space consistent with the neighborhood. 7 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. There has been no evidence to suggest that the variances would impact the health, safety, and comfort of adjacent parcels or the city at large. The City has received some comment regarding the care and preservation of the gravel access road, primarily through a construction impact standpoint. An inspection of the road should be completed prior to construction to establish a baseline. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant appears to propose a home that minimizes encroachment into the lake zone (average lake and lake yard). Page 4of6