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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. 7404 <br /> <br />4 <br /> <br />9. “The conditions do not apply generally to other land or structures in the district in which the land is <br />located.” The request is specific to this property which is substandard in width and size and is impacted <br />by an existing bluff. The proposal is to expand an existing deck with a bluff setback without <br />encroaching any close to the top of bluff.. This criterion is met. <br /> <br />10. “The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant.”. The proposed expansion of the deck allows for full enjoyment of the <br />outdoor living space. The proposal also includes removing illegal hardcover within the bluff setback. <br />This criterion is met. <br /> <br />11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, <br />or in any other respect be contrary to the intent of this chapter.” Granting the requested variances will <br />not adversely impact health, safety, comfort, or morals of the community. This criterion is met. <br /> <br />12. “The granting of such variance will not merely serve as a convenience to the applicant, but is <br />necessary to alleviate demonstrable difficulty.” The variance allows for the expansion of a deck and <br />patio within a bluff setback. The current deck and home are located within the bluff setback <br />permitted by Resolution 6206. The expansion will not encroach any closer to the top of bluff and will <br />expand toward the rear of the property away from the bluff. The expanded deck and patio allow the <br />homeowner to fully enjoy and the outdoor living space. Unpermitted hardcover will be removed as <br />part of the project bringing the property into conformance with the overall hardcover. This criterion <br />is met. <br /> <br /> <br /> <br />CONCLUSIONS, ORDER AND CONDITIONS: <br /> <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a variance <br />from Orono Municipal Zoning Code Sections 78-1279 to allow the construction an expanded deck and <br />patio within the required 30-foot bluff setback. <br /> <br />1. Council approval is based on the entire record, above Findings. <br /> <br />2. The approved project shall conform to the attached site plan and building plans submitted by the <br />Applicant and annotated by City staff (hereinafter the “Plans”), attached to this Resolution as <br />Exhibits A & B. <br /> <br />3. Removal of all illegal hardcover shown in Exhibits A & B is required as part of the project. <br /> <br />4. Any amendments to the plans which are not in conformity with City codes may require further <br />Planning Commission and City Council review.