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•VOAtp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL yF NO. 6910 gkESHOv-t house properties. The reduction of hardcover within 75-feet of the OHWL is a special condition peculiar to the property that justifies granting a variance for hardcover within 75- feet of the OHWL. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Substantial property right is realized by the principal structure. The boathouse is allowed to be maintained and replaced in-kind. Expansion of an existing non-conforming structure is not a right. Regarding the variances to expand the boathouse, this criterion is not met. The hardcover variance requested in order to reorient the lake access stair results in a reduction in overall hardcover and lake access stairs are a permitted hardcover improvement. Regarding the hardcover variance, this criterion is met. 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; however, the expansion of the nonconforming building is contrary to the goals of the code in relation to views into the Property. With regard to the setback variances for the boathouse expansion, this criterion has not been met. The hardcover variance requested in order to reorient the lake access stair results in a reduction in overall hardcover and is in conformance with the intent of the code. Regarding the hardcover variance, this criterion is met. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The Owner asserts that the variances are necessary for safety and will not merely serve as a convenience. Access to the water is possible through steps and/or stairs over steep slopes. Regarding the hardcover variance, this criterion is met. The requested setback variances to expand the nonconforming boathouse would provide a more comfortable viewing opportunity, which could be considered a convenience. With regard to the setback variances for the boathouse expansion, this criterion has not been met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a hardcover variance to Orono Municipal Zoning Code Section 78-1680 to allow reorientation of the 5