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CITY OF ORONO RESOLUTION OF THE (�CITY COUNCIL NO. 7 0 -'CES HO 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 provided by the principal structure. The sauna building is allowed to be maintained and replaced in kind. Expansion of an existing non-conforming structure is not a right, however the building will only be expanded in order meet floodplain minimum low floor regulations. 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; The Commission should determine whether the modest expansion negates to goals of the code in relation to views into, and out of the Property. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty."The applicant asserts that the variances are necessary for safety and will 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 to allow a minimal expansion of an accessory building to be constructed in-kind with respect to location and footprint side lakeward of the average lakeshore setback and 53-feet from the OHWL where a 75-foot setback is required, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the site plan dated 12/27/2019 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed on the accessory building within one year of the date of Council approval, or the variance will expire on that date (February 10, 2021). 5