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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 111c..)NO. 7282 kESH00" 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The corner lot configuration results in a street setback on two sides, in addition to the lake and average lakeshore setback creating challenges for development. The corner lot status and triangular shape of the Property are unique to the Property. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The specific conditions impacting the Property do not apply to other land or structures in the district, or other properties within this neighborhood. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Due to the application of the average lakeshore setback, structural improvements or changes to the home on the lake side are not permitted. The Applicant has indicated that the granting of this variance is necessary. 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 deck encroachment is not anticipated to impair the health, safety, comfort, or morals; nor is it contrary to intent of the zoning chapter. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." According to the Applicant, granting the average lakeshore setback variance for this project is not a convenience. Granting the variance is necessary to address limited buildable area, to provide reasonable use, and is a minimal new encroachment resulting in improved functionality of the Property. 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 construction of a new, elevated, rectangular deck with pergola, 103.5 feet from the OHWL where the average lakeshore setback is 128.5 feet, 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 July 6, 2022 and building plans dated February 11, 2022 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