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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 6696 <br />6. "The board or the council may not permit as a variance any use that is not permitted under <br />Orono City Code Chapter 78 for property in the zone where the affected person's land is <br />located." The requested variances result in residential improvements and are permitted <br />within residentially zoned properties. <br />7. "The board or council may permit as a variance the temporary use of a one -family dwelling <br />as a two-family dwelling." This criterion is not applicable. <br />8. "The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property." The Property is divided by a wetland which <br />separates the dry buildable land at the lake from the remaining dry buildable land limiting <br />options for development, creating a practical difficulty unique to the Property._The side <br />street is a dead end roadway, there are no additional properties further down the road. <br />9. "The conditions do not apply generally to other land or structures in the district in which the <br />land is located." This is correct, the immediately adjacent properties do not have similar <br />limitations. The Property is divided by a wetland which separates the dry buildable land at <br />the lake from the remaining dry buildable land limiting options for development, creating a <br />practical difficulty unique to the Property <br />10. "The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant." The Applicant indicates that it is necessary to <br />make driveway and patio areas more functional while reducing overall impervious <br />surface within setback areas. <br />11. "The granting of the proposed variance will not in any way impair health, safety, comfort or <br />morals, or in any other respect be contrary to the intent of this chapter." The proposed <br />variances will not impair the health, safety, comfort or morals of the public. <br />12. "The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty." The Applicant has indicated that they <br />wish to minimize hardcover by reorienting and reducing the existing nonconforming <br />hardcover within the lake setback; and by reorienting the driveway. The width of the lot, <br />proximity to the lake, and presence of the wetland on the Property make locating a <br />conforming spot for the pool shed difficult. <br />CONCLUSIONS, ORDER AND CONDITIONS: <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants variances to Orono Municipal Zoning Code Sections 78-1281, 78-1282, and 78-1680 to <br />allow reorientation of an existing pool patio within the 75 -foot setback resulting in 444 square feet <br />