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��Np CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> �� � No. <br /> 6 ? � 0 <br /> �qkFsxo�-�. <br /> G <br /> 7. "The board or council may perrnit as a variance the temporary use of a one-family dwelling <br /> as a finro-family dwelling."This condition 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 home as constructed in 1963 met the 100 <br /> foot setback. As a result of the taking of the land to reorient Sixth Avenue (County Road <br /> 6), it is now at a nonconforming setback on the Property. The proposed improvements will <br /> not increase the footprint nonconformity within the setback. <br /> 9. "The conditions do not apply generally to other land or structures in the district in which the <br /> land is located." The topography, which drops off steadily as you move north and <br /> northwest, the substandard area of the lot, as well as the nonconforming location of the <br /> home on the lot make the Property unique. <br /> 10. "The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant." Options for conforming expansions of living <br /> space, including going upward, are limited on the Property by the septic system location <br /> and challenges, front setback requirement, and topography. The variance is necessary to <br /> preserve the property right of the Applicant. <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." Granting the <br /> requested variance will not adversely impact health, safety, comfort, or morals; nor will it <br /> be contrary to the intent of the Code. <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 lot area, the location and size of the <br /> existing home, as well as site topography, create practical difficulties affecting the <br /> Property; the variance is necessary and will not merely serve as a convenience to the <br /> Applicants. <br /> CONCLUSIONS, ORDER AND CONDITIONS: <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a <br /> variance to Orono Municipal Code Section 58-47 to permit one septic treatment site where two <br /> septic treatment sites are required; and a variance to Orono Municipal Zoning Code Section 78- <br /> 395 to allow a second story expansion over the footprint of the home 76 feet from the front <br /> property line where a 100 foot setback is normally required; subject to the following conditions: <br /> 1. Council approval is based on the survey dated 01/12/17 by Gronberg and Associates and <br /> building plans submitted by the Applicants and annotated by City staff, attached to this <br />