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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <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 />