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�O�p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1, NO. 710720 7 2 L !�k£SHO�� 9. "The conditions do not apply generally to other land or structures in the district in which the land is located."The Property's substandard size, depth, house location, in addition to the unique configuration creates difficulties which apply to very few properties in the City. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."Granting setback variances to permit the rooftop railings is necessary for the preservation of the property right of the owner. The improvements will be on top of, and set inside the boundaries of the existing home and will not increase any setback nonconformities. The setback variances facilitate creation of additional outdoor living space within the property and preserve the property rights of the owner. 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 setback variances for the rooftop railing in this unique situation is not contrary to the intent of the zoning chapter. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The use of the Property has been established with the house. The expansion of corresponding improvements may be considered a convenience to the owners. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances from Orono Municipal Zoning Code Section 78-350 to allow installation of a rooftop railing 8.8 feet from the rear lot line where a 30 foot setback is required; and 14.2 feet from the side street lot line where a 15 foot setback is required on top of the existing building, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 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 building permit must be 4