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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. 7397 <br /> <br /> <br />4 <br /> <br />B9. “The conditions do not apply generally to other land or structures in the district in which the <br />land is located.” Many of the original cabins and homes in this neighborhood have been <br />reconstructed. The existing original home on the Property is a unique condition. <br /> <br />B10. “The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant.” The proposed 8’x 8’ deck is necessary as it <br />preserves the owner’s right of use and enjoyment of the Property. <br /> <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.” The variance will <br />not impair health, safety, comfort or morals and will not be contrary to the zoning chapter. <br /> <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.” The variance requested is necessary as <br />the home is constructed at the building setback line. The Applicant has indicated that the <br />proposed deck will be appropriately sized to accommodate the necessary access ramp <br />and will not merely serve as a convenience. <br /> <br />CONCLUSIONS, ORDER AND CONDITIONS: <br /> <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 78­350 to allow construction of an 8’ x 8’ front <br />stoop/deck to be constructed 22 feet from the front property line where a 30­foot setback is <br />required; subject to the following conditions: <br /> <br />C1. Council approval is based on the entire record, above Findings. <br /> <br />C2. The approved project shall conform to the site plan and building plans submitted by the <br />Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. <br /> <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 /> <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 (September 11, 2024). <br /> <br />C5. Violation of or non­compliance with any of the terms and conditions of this resolution <br />may result in the termination of any authority granted herein.