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SWAT CITY OF ORONO O RESOLUTION OF THE CITY COUNCIL e, lliti‘LP- NO. 7394 EsHO- between the existing home and the setback of the adjacent properties create difficulties for the owners. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting the average lakeshore setback variance is necessary for the preservation of the property right of the owners. 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 variance 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 requested variance is necessary, and does not merely serve as a convenience to the Applicants. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 to allow roof encroachments associated with the construction of new home lakeward of the average lakeshore setback, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey by Sathre Bergquist dated 12/08/2021 and revised 06/06/2023 and building plans dated 06/14/2023 submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A building permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (August 28, 2023). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. 4