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CITY OF ORONO <br /> RESOLUTION OF THE CIITY COUNCIL 7 <br /> NO. 1 O J <br /> G <br /> lee S H O4� <br /> 6. The board or the council may not permit as a variance any use that is not permitted <br /> under Orono City Code Chapter 78 for property in the zone where the affected person's <br /> land is located. This condition is not applicable, as the use for a residential home is <br /> an allowed use in the LRAB 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 property's orientation and the setback <br /> from the lake of the adjacent home creates difficulties for the Applicant to improve <br /> the property consistent with the homes in their neighborhood. <br /> 9. The conditions do not apply generally to other land or structures in the district in which the <br /> land is located. The property's relationship between the existing home and the <br /> setback of the adjacent properties create difficulties for the owners. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Granting an average lakeshore variance is <br /> necessary for the preservation of the property right of the applicant. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter. Granting the <br /> requested variance in this unique situation is not contrary to the intent of the <br /> zoning chapter. <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 requested variance is necessary, <br /> and does not merely serve as a convenience to the applicant. <br /> CONCLUSIONS, ORDER AND CONDITIONS: <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a <br /> variance to Orono Municipal Zoning Code Section 78-1279 to allow for two new decks on the lake <br /> and rear side of the home forward of the average lakeshore setbacks, subject to the following <br /> conditions: <br /> 1. Council approval is based on the entire record, above Findings. <br /> 2. The approved project shall conform to the survey dated 8/12/2019 and building plans <br /> submitted by the Applicants and annotated by City staff, attached to this Resolution as <br /> Exhibit A. <br /> 3. Any amendments to the plans which are not in conformity with City codes may require <br /> further Planning Commission and City Council review. <br /> 3 <br />