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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />No. 7432 <br />10. "The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant." The existing home is in a nonconforming location. The proposal will <br />maintain a similar lake setback. The application proposes to decrease the total hardcover on the site, <br />bringing it closer to compliance. Granting the average lakeshore setback and hardcover variances <br />allows the property owner to build a new home in a similar location utilizing the existing conditions <br />of the long driveway. This criterion is met. <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. The proposed home will not <br />impact any currently enjoyed views of the lake by neighboring properties. This criterion is met. <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 variances allow for the construction of a new <br />home in a similar location to the existing home, while improving the overall hardcover on the site <br />from 34% to 30% total hardcover. There is no reasonable building envelope on the site and therefore <br />the variances are needed in order to rebuild in a similar location to that of the existing home. This <br />criterion is met. <br />CONCLUSIONS ORDER AND CONDITIONS: <br />Based upon one or more of the above findings, the Orono City Council hereby grants variances to <br />Orono Municipal Zoning Code Sections 78-1279 and 78-1680 for average lakeshore setback and hardcover <br />to exceed 25% in order to construct a new home subject to the following conditions: <br />1. Council approval is based on the entire record, above Findings. <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 />3. Any amendments to the plans which are not in conformity with City codes may require further <br />Planning Commission. and City Council review. <br />4. Authorities granted by this resolution run with the Property not with the Applicants, but are <br />permissive only and must be exercised by obtaining a building permit for the new construction and <br />commencing construction of said project. A framing inspection must be completed within one year <br />of the date of Council approval, or the variance will expire on that date (December 11, 2024).