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demonstrable hardship or difficulty; is necessary to preserve a substantial <br />property right of the applicant; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the City. <br />5.The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments <br />by the applicants and the effect of the proposed variance on the health, safety <br />and welfare of the communitj'. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants a setback variance of 11’ for the principal structure and 20’ for the main level open deck <br />to the average lakeshorc setback line and grants a hardcover variance of 671.7 s.f or 8.9% to <br />permit construction of a new residence on the property located at 2795 Casco Point Road, <br />subject to the following conditions: <br />1.Prior to the razing of the existing residence and detached garage, applicant's <br />contractor shall obtain a demolition permit from the City of Orono. Applicant <br />or applicant’s contractor shall be responsible for installing erosion control until <br />groundcover is restored on property. <br />2.Applicants shall provide an updated survey locating all proposed improvements. <br />The updated survey must be submitted with the building permit application along <br />with adjusted hardcover inventory forms. The survey shall include the <br />Theilmann residence located at 2799 Casco Point Road in order to confirm <br />approved lakeshore setback line for principal structure. <br />3.Authorities granted by this variance run with the property not with the <br />applicants, but are permissive only and must be exercised by application for a <br />building permit within one year of the date of Council approval, or this variance <br />will expire on that date (September 9, 1997). <br />Page 3 of 5 <br />i