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Wty-O CITYNOOF. 7260 ORONO RESOLUTION OF THE CITY COUNCIL y kESHO 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, a single family home is an allowed use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The extreme distance of the average lakeshore setback due to the neighbor to the north is unique to this property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The conditions do not apply to other land and structures in the district due to the unique ALS for this neighborhood. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant states this to be true. 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. The proposed encroachment is not anticipated to impair any health or safety goals of the city. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Per the applicant, granting this proposal is not for convenience. Granting is necessary to limited buildable site a reasonable use and very reasonable and minor improvement. 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 a home addition and deck expansion lakeward of the average lakeshore setback, 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 12/23/2021 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits 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 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 framing inspection must be 3