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O <br />CITY <br />NU. 7OF259 <br />ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />ti <br />e <br />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