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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 72 02 <br />9. "The conditions do not apply generally to other land or structures in the district in which the <br />land is located." The buildable area impacts of the wetland and road encroachment are <br />difficulties unique to the Property. <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 setback variance to permit the <br />garage addition is necessary for the preservation of the property right of the owners. The <br />improvements will not be substantially visible when viewed from off the Property or from <br />the Luce Line Trail. The setback variances facilitate creation of additional storage space <br />within the property and preserve the property rights 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 setback <br />variance for the addition in this situation is not contrary to the intent of the zoning 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 use of the Property has been <br />established with the house. The expansion of corresponding improvements may be <br />considered 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 78-305 to allow construction of a one-story <br />addition to the existing garage 20.4 feet from the property line where a 30 foot setback is required, <br />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 dated 06/01/2021 and building plans <br />submitted by the Applicant and annotated by City staff, attached to this Resolution as <br />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 (July 12, 2022). <br />