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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. X79:6 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as the use for a single family home is an allowed use in the LR -1C District. 7. "The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." This condition is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The substandard lot width and lot area of the property is not uncommon in the surrounding neighborhood. The stated drainage issues create increased difficulty for protecting the shoreline of the lake. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." Granting the requested variances will provide relief to the applicant regarding the lot size and their stated erosion issues within the lake yard on the property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting the requested variances will provide relief to the applicant regarding the lot size and landowner's stated erosion issues in the lake yard on the property. 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 size of the Property; the stated erosion issues identified in the lake yard of the property create practical difficulties affecting the Property; the lot width, lot side, lake yard setback and hardcover variances are necessary and not merely serve as a convenience to the owners. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279, 78-1700, and 78-350 to allow a lake yard setback variance for construction of the new retaining walls within 75 feet of the OHWL; a 4