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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �I � �`IL NO. 7341 'ESHO 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."Granting hardcover and lakeshore setback variances are necessary for the preservation of the property rights of the applicant. 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."Granting the requested hardcover and lakeshore setback variances in this unique situation is not contrary to the 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." The variances for average lakeshore setback, 75' lakeshore setback and hardcover are necessary,and do not merely serve as a convenience to the applicant as the property has considerable practical difficulties affecting development. 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 Sections 78-1279(6), 78-1680, and 78-1700 to allow the replacement of a deck structure within the Average Lakeshore Setback, 75-foot Setback and over the allowable hardcover limitation to allow a 62.6-foot lakeshore setback and 56.4% total hardcover subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the attached site plan and building plans submitted by the Applicant and annotated by City staff(hereinafter the "Plans"), 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. 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 completed within one year of the date of Council approval, or the variance will expire on that date(February 13,2024). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. 4