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-Oip CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7404 IglCEsHo�- 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The request is specific to this property which is substandard in width and size and is impacted by an existing bluff. The proposal is to expand an existing deck with a bluff setback without encroaching any close to the top of bluff..This criterion is met. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant".The proposed expansion of the deck allows for full enjoyment of the outdoor living space.The proposal also includes removing illegal hardcover within the bluff setback. 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 variance allows for the expansion of a deck and patio within a bluff setback.The current deck and home are located within the bluff setback permitted by Resolution 6206.The expansion will not encroach any closer to the top of bluff and will expand toward the rear of the property away from the bluff.The expanded deck and patio allow the homeowner to fully enjoy and the outdoor living space. Unpermitted hardcover will be removed as part of the project bringing the property into conformance with the overall hardcover.This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance from Orono Municipal Zoning Code Sections 78-1279 to allow the construction an expanded deck and patio within the required 30-foot bluff setback. 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. Removal of all illegal hardcover shown in Exhibits A&B is required as part of the project. 4. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4