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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6797 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 residence is an allowed use in the LR -113 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 width of the lot as well as the curve of the shoreline create a unique circumstance which is peculiar to the property. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The width of the lot as well as the curve of the shoreline create a unique circumstance which is peculiar to the property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Staff finds this condition to be true. 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 width of the property and the curvature of the lake shore along with the placement of the existing structures on the lot create practical difficulties affecting the property; the variances are necessary and do 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, 78-330, and 78-1439 to allow lakeyard setback. Average lakeshore setback, lot width, side yard setback, and crowding of principle structure, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 4