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cON0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y*111°-,GNO. 6 8 3 3 kES Property are not uncommon in the surrounding neighborhood. The presence of the 1% annual chance floodplain on the Property creates increased difficulties which drive the building pad location and improvements toward the lake. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The property to the east has a higher grade than the Property. The two properties to the west have similar floodplain challenges. 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 floodplain 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 floodplain/topography create practical difficulties affecting the Property; the variances are necessary and not merely serve as a convenience to the owners. CONDITIONAL USE PERMIT ANALYSIS: The City Council may grant a conditional use permit on the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1. Consistent with the community management plan; The bathroom within an accessory building and the proposed grading to elevate the home and portions of the Property above the 1% annual chance floodplain is residential in nature, are both consistent with the permitted uses for the Property, and is compliant with the zoning code and comprehensive plan. 2. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The detached garage where the bathroom will be located will be otherwise conforming in location, and height on the Property. The proposed grading is residential in nature which is consistent with the permitted uses for the Property. 3. Adequately served by police, fire, roads, and stormwater management; The proposed use will be adequately served by existing services and facilities. 5