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�-OAt CITY OF ORONO RESOLUTION OF THE CITY COUNCIL s� NO. 7138 G r-/kESHO 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."The applicant states that the variance is necessary to preserve the Owners' right to improve their home and Property. 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 variance will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty."The application of the average lakeshore setback severely limits the options for improving the Property and home; the granting of the requested variance is necessary to alleviate a practical difficulty resulting from the location of the existing home in relation to the neighboring home to the west, the orientation of the neighboring homes, and the character of the properties along this portion of Shoreline Drive with wetlands on the street side of the properties. 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 construction of an upper level, roofed porch addition entirely lakeward of the average lakeshore setback line, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey (annotated by City staff) dated September 22, 2020; and building plans submitted by the Applicant, herein referred to as the Plans and 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 Owners, 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 within one year of the date of Council approval, or the variance will expire on that date (November 9, 2021). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. 4