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0 CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. <br /> 7 08 2 <br /> � G~ <br /> ES HG4� <br /> 10. "The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant." Substantial property right is provided by the <br /> principal structure. The boathouse is allowed to be maintained and replaced in kind. <br /> Expansion of an existing non-conforming building or structure is not a right. <br /> 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or <br /> morals, or in any other respect be contrary to the intent of this chapter." Granting the <br /> requested variances will not adversely impact health, safety, comfort, or morals; The <br /> Commission should determine whether the expansions negate the goals of the code in <br /> relation to views into, and out of the property, and hardcover limitations. <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 Applicant asserts that the variances <br /> are necessary and will not merely serve as a convenience to the owners. The variances <br /> provide an improved aesthetic and outdoor living space near the OHWL, which could be <br /> considered conveniences. The fact that the improvements are installed is not a deterrent <br /> to their required removal, as that would be considered a convenience. <br /> CONCLUSIONS, ORDER AND CONDITIONS: <br /> Based upon one or more of the above findings, the Orono City Council hereby <br /> denies the variances to Section 78-1279 to allow expansion of hardcover and a non-conforming <br /> boat house building within the 75-foot setback from the OHWL and lakeward of the average <br /> lakeshore setback; and denies variances to Sections 78-1680 and 78-1700 to allow unapproved <br /> hardcover within the 75-foot setback and 3,555 square feet or 27.6% hardcover on the property <br /> where 3,389 square feet or 26.3%was approved per Resolution No. 6796, subject to the following <br /> conditions: <br /> 1. Council action is based on the entire record, above Findings. <br /> 2. The Applicant shall obtain all building permits including payment of after-the-fact fees in <br /> order to remove the encroachments and restore the boathouse to the original footprint and <br /> volume. The permits shall be obtained and the restoration work completed by September <br /> 1, 2020. <br /> Page 5 of 6 <br />