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�O� CITY OF ORONO <br /> O RESOLUTION OF THE CITY COUNCIL1. <br /> t �: NO. 741 1 <br /> 1.kE s t-I 0;c' <br /> B10."The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant." Removal of the encroachment will result in a <br /> significant impact to the owners. <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 /> B12."The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty." Removing the encroachment will result in <br /> significant impacts to the existing home likely requiring a significant structural redesign, <br /> according to the builder; therefore, the requested variance is necessary and would not <br /> serve as a convenience to the applicant. <br /> CONCLUSIONS, ORDER AND CONDITIONS: <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 a six-foot encroachment of <br /> the home and roofed porch lakeward of the average Lakeshore setback line, subject to the <br /> following conditions: <br /> C1.Council approval is based on the entire record, above Findings. <br /> C2.The approved project shall conform to the survey dated 09/20/2023 by Gronberg and <br /> Associates submitted by the Applicants and annotated by City staff, attached to this <br /> Resolution as Exhibit A. <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 /> 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 <br /> obtained within one year of the date of Council approval, or the variance will expire on <br /> that date (October 9, 2024). <br /> C5.Violation of or non-compliance with any of the terms and conditions of this resolution <br /> may result in the termination of any authority granted herein. <br /> 4 <br />