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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 6779 <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." This condition is not applicable, as the use for a residence is an allowed use in <br />the LR -1C District. <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 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 wetland, high water table, the narrowness <br />and shallow depth of the buildable area of the Property create difficulties unique to the <br />Property. <br />9. "The conditions do not apply generally to other land or structures in the district in which the <br />land is located." The wetland, high water table, the narrowness and shallow depth of the <br />buildable area of the Property create difficulties 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." Staff finds this condition to be true. <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 variances 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 substandard area and width of the <br />Property; its wetland and location of the existing home and garage create practical <br />difficulties affecting the Property; the variances are necessary and do not merely serve <br />as a convenience to the owner. <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 Section 78-350 to allow a new home to be <br />constructed on a property 0.18 acre in area and 50 feet in defined width where 0.5 acre and 100 <br />feet in width are required; a variance to Orono Municipal Zoning Code Section 78-350 to allow a <br />new home to be constructed 18 feet from the front lot line where a 30 foot setback is required; a <br />variance to Orono Municipal Zoning Code Section 78-350 to allow construction of a new home <br />4.2 feet from the side lot line where a 7.5 foot setback is required; and a variance to Orono <br />4 <br />