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-szLONp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � N.� NO. 7193 G `4kESNO0' 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 width, topography, and proximity to the County roadway create difficulties which apply to some properties in the immediate area but not the LR-1 B district as a whole. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." According to the Applicant, granting the rear setback variance is necessary for the preservation of the property right 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 in this unique situation is not contrary to the intent of the zoning chapter as the improvement is not shown to adversely impact adjacent property owners. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty."Volume expansions of the garage are not permitted without variances. The variances from the rear setback is appropriately scaled for the owners' use and for the neighborhood. The variance will not merely serve as a convenience to the Owners. 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 78-1435 to allow construction of a second story addition above an existing detached garage 15.6' feet from the rear lot line where a 30-foot setback is required due to the street-facing overhead garage door, 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 dated 04/19/2021 and survey dated 07/30/2012 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 4