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O CITY NU. 7OF259 ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> ti� <br /> e kESHO'- <br /> 10. "The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant." Granting the average lakeshore setback <br /> variance is necessary for the preservation of the property right of the owners. <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 variance in this unique situation is not contrary to the intent of the zoning <br /> chapter. <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 requested variance is necessary, and <br /> does not merely serve as a convenience to the Applicants. <br /> CONCLUSIONS, ORDER AND CONDITIONS: <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a <br /> variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of new home <br /> additions 21.5 feet lakeward of the average lakeshore setback, subject to the following conditions: <br /> 1. Council approval is based on the entire record, above Findings. <br /> 2. The approved project shall conform to the survey by Sathre Bergquist dated 12/08/2021 <br /> and revised 02/18/2022 and building plans dated 02/22/2022 submitted by the Applicants <br /> and annotated by City staff, attached to this Resolution as Exhibits A& B. <br /> 3. Any amendments to the plans which are not in conformity with City codes may require <br /> further Planning Commission and City Council review. <br /> 4. Authorities granted by this resolution run with the Property not with the Applicants, but are <br /> permissive only and must be exercised by obtaining a building permit for the new <br /> construction and commencing construction of said project. A building permit must be <br /> obtained within one year of the date of Council approval, or the variance will expire on that <br /> date (April 11, 2023). <br /> 5. Violation of or non-compliance with any of the terms and conditions of this resolution may <br /> result in the termination of any authority granted herein. <br /> ADOPTED by the Orono City Council on this 11th day of April, 2022. <br /> 4 <br />