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Op CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1- � ��` NO. 7353 xES H 0Q` 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The property's substandard size and existing hardcover creates difficulties which also apply to many of the properties in the same neighborhood. However,the existing home location is unique to this property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."Granting a hardcover variance is necessary for a basic enjoyment of a main floor lakeside deck which preserves the property rights of the property owner. 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 variance 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 variance for hardcover is necessary,and does not merely serve as a convenience to the applicant as the property has considerable practical difficulties affecting development and will bring the lot closer to conformance. 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 78-1680 and 78-1700 to allow the construction of a new deck over the allowable hardcover limitation to allow a 27.9%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(March 21,2024). 4