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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. 7521 <br /> <br /> <br />5 <br /> <br /> <br />B9. “The conditions do not apply generally to other land or structures in the district in which the <br />land is located.” <br /> <br />The location of the home and the hardcover level are existing conditions that are not <br />unique to the Property. <br /> <br />B10. “The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant.” <br /> <br />Substantial property right is provided by the principal structure. The proposed upward <br />expansion of the existing nonconforming home into the side, lake, and average lakeshore <br />setbacks is not a right, however, the Property has a reasonable building envelope that will <br />support the project in a conforming location. Expanding the home into a setback area with <br />the proposed hardcover level is not a right. This criterion is not met. The Applicant has <br />indicated that the proposed hardcover variance resulting in a reduction of hardcover is <br />necessary to preserve the owner’s property rights. <br /> <br />B11. “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.” <br /> <br />Granting the requested variances to expand the mass of the home within the setbacks is <br />contrary to the intent of the zoning chapter; the reduction in hardcover is in line with the <br />goals of the ordinance. <br /> <br />B12. “The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty.” <br /> <br />The currently requested variances are not necessary and will merely serve as a <br />convenience to the owner. <br /> <br />CONCLUSIONS, ORDER AND CONDITIONS: <br /> <br /> Based upon one or more of the above findings, the Orono City Council hereby denies the <br />following: <br />• A variance to Section 78-350 to allow a new 2nd story addition to be constructed 5.3 feet <br />from the property line, above the home, where a 7.5-foot setback is required; and <br /> <br />• A variance to Section 78-1279 to allow a new 2nd story addition to encroach 2.5 feet <br />lakeward of the average lakeshore setback line over the existing footprint; and <br />191