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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. 7372 <br /> <br /> <br />4 <br /> <br />for the Owners in improving the Property consistent with the homes in their <br />neighborhood. <br /> <br />B9. “The conditions do not apply generally to other land or structures in the district in which the <br />land is located.” The Property’s unique shape and the extreme setback of the adjacent <br />home on the flag lot creates difficulties for the owners. <br /> <br />B10. “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 /> <br />B11. “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 /> <br />B12. “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 /> <br />CONCLUSIONS, ORDER AND CONDITIONS: <br /> <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 an expanded <br />deck on the lake side of the home and new deck stairs; an increase in the roof height over the <br />northeastern portion of the home; a new shed dormer on the lake side of the home; and to <br />construct a new roofed entry lakeward of the average lakeshore setback line, subject to the <br />following conditions: <br /> <br />C1. Council approval is based on the entire record, above Findings. <br /> <br />C2. The approved project shall conform to the survey dated April 19, 2023 and revised on <br />April 20,2023 and building plans submitted by the Applicants and annotated by City staff, <br />attached to this Resolution as Exhibits A & B. <br /> <br />C3. Any amendments to the plans which are not in conformity with City codes may require <br />further Planning Commission and City Council review. <br /> <br />C4. Authorities granted by this resolution run with the Property not with the Applicants, but <br />are 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