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1�WC' ONCITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 1202 kESHO 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The buildable area impacts of the wetland and road encroachment are difficulties unique to the Property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting the setback variance to permit the garage addition is necessary for the preservation of the property right of the owners. The improvements will not be substantially visible when viewed from off the Property or from the Luce Line Trail. The setback variances facilitate creation of additional storage space within the property and preserve the property rights of the owners. 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 variance for the addition in this 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 applicants. 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 78-305 to allow construction of a one-story addition to the existing garage 20.4 feet from the property line where a 30 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 survey dated 06/01/2021 and building plans submitted by the Applicant 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 Applicants, 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 obtained within one year of the date of Council approval, or the variance will expire on that date (July 12, 2022). 4