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O ,„iv CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 10kt" NO. 7392 tlkESHO4``t 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The proposed home's placement is limited on the site due to site constraints.The applicant is requesting the minimum amount necessary to construct a reasonably sized home. The requested rear yard setback of 45 feet where 50 is required is actually an improvement to what is there currently.This criterion is met. 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 variances will not adversely impact health,safety,comfort,or morals of the community.This criterion is met. 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 allow for the construction of a new home on a loot with substandard area and width. The rear yard setback variance is minimal to construct a new home on the property.All other zoning requirements including hardcover and lot coverage are met.This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings,the Orono City Council hereby grants a lot area,lot width and rear yard setback variance from Orono Municipal Zoning Code Section 78-305 to allow the construction of a new home 45 feet from the rear property line 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 and 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(August 14,2024). 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