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p Ai- CITY OF ORONO RESOLUTION OF THE CITY COUNCIL (4:- 14kEsHo'CL- 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variances supporting changes to the structures and hardcover within the lake and wetland setback areas support the use of the Property and are necessary for the preservation of the property rights of the owners. The wetland setback and 75-foot lake setback variances are improving the accessibility of the lot and result in a reduction in hardcover from the existing condition. 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 in this unique situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variances do not merely serve as a convenience to the Applicant. The variances are necessary as the Property has considerable practical difficulties impacting development. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-1279 and 78-1680 to permit a new inground swimming pool and other hardcover improvements to be located within the 75' setback from the OHWL; including variances from Section 78-1605 to permit the new inground swimming pool and other hardcover improvements within the 25-foot setback from the wetland, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the revised survey by Gronberg and Associates dated 09/27/2023 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A and B. 3. Hardcover within the 75-foot setback areas is limited to 5,753 square feet or 33.01% (within the 75-foot setback). Overall hardcover is proposed to be 16,263 square feet or 20.03%. 4. The pool patio shall be constructed with a pervious paver material. The 100-square foot hardcover"credit"for pervious pavers or qualifying deck shall not be applied within the 75-foot setback; 5