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``'1�T' RESOLUTION OF THE CITY COUNCIL NO_ 6551 WHEREAS, the City Council considered this application at two meetings on October 12 and October 26, 2015 including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community as well as the impact on properties in the vicinity; and NOW, THEREFORE, BE IT RESOLVED that the City Council hereby denies a variance from Orono City Code Section 78-1279 to permit construction of a home lakeward of the average lakeshore setback line based on the following findings of fact: 1) This application was reviewed as Zoning File #15-3781. 2) The Property is located in the LR -1C zoning district, where 0.5 acres (21,780 square feet) is the minimum lot area and 100 feet is the minimum lot width. The Property has approximately 21,530 square feet (0.49 acres) in area and has 91 feet in width at the 75 foot setback and 98 feet in width at the ordinary high water level (OHWL). 3) The average Lakeshore setback provision in the Ordinance protects the lake views of adjacent properties. The average lakeshore setback variance requested is not consistent with the general intent of the Ordinance. 4) The average lakeshore setback variance for construction of a portion of a new single family residence to encroach lakeward of the average lakeshore setback is inconsistent with the goals and policies contained within the 2000-2030 Orono Community Management Plan. 5) The Applicants have not established that there are practical difficulties. 6) The proposed home and the proposed encroachment lakeward of the average lakeshore setback are the result of design choices by the Applicants. 7) The requested variance to permit the 6 foot portion of the screen porch may adversely impact views of the lake currently enjoyed by the adjacent property owners. 8) The average lakeshore setback is defined by the principal structures on each adjacent lot, the Applicants have designed the lakeside of the home such to have a view of the lake past the outdoor fireplace chimney on the adjacent property. The Applicants will have a view of the lake over their Property. The granting of the variance is not necessary for the preservation and enjoyment of a substantial property right of the applicant. 9) The granting of the proposed variance will not in any way impair health, safety, comfort or Page 2 of 3