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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. 7473 <br /> <br /> <br />4 <br /> <br />B10. “The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant.” Reasonable access to the property is a <br />substantial property right. <br /> <br />2. “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 would be not contrary to the intent of the zoning chapter considering <br />the noted difficulties inherent to the property. Reasonable access is not provided by the <br />8-foot wide driveway. <br /> <br />B11. “The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty.” The requested variance will not serve as <br />a convenience to the applicant but rather is necessary to alleviate a demonstrable <br />difficulty. <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 Sections 78-1282 and 78-1680 to allow a 12-foot- <br />wide paved driveway within 75 feet of the protected tributary on the Property, subject to the <br />following conditions: <br /> <br />C1. Council approval is based on the entire record and above Findings. <br /> <br />C2. The approved project shall conform to the survey dated 11/03/2022 and revised on <br />02/15/2024 submitted by the Applicants and annotated by City staff, attached to this <br />Resolution as Exhibit A. <br /> <br />C3. Any amendments to the plans that 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 (April 22, 2025). <br /> <br />116