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-OAtp CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO.7544 <br /> llicES H OV- <br /> average lakeshore setback that severely limits the ability of the property to be developed <br /> and improved. <br /> 9. "The conditions do not apply generally to other land or structures in the district in which the <br /> land is located."The unique peninsula-share of the property being a similar distance to the <br /> lake as its neighbors, but within the ALS creates a practical difficulty for the owners. <br /> 10. "The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant." Granting the variances are necessary for the <br /> expansion of.the upper deck to create an enclosed porch on the lower deck and <br /> preservation of the property rights of the owners. <br /> 11. "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 variances in this unique situation is not contrary to the intent of the Zoning <br /> Regulations. <br /> 12. "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 is necessary to <br /> address the conditions of the existing decks and does not merely serve as a convenience <br /> to the applicant. <br /> CONCLUSIONS, ORDER AND CONDITIONS: <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 78-1279 and 78-1680 to allow a proposed <br /> two-level deck and porch addition with new hardcover within the lakeshore setback and the <br /> average lakeshore setback, 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 survey updated on October 31, 2024 and <br /> building plans submitted by the Applicant and annotated by City staff, attached to this <br /> Resolution as Exhibits B & C. <br /> 3. Any amendments to the plans which are not in conformity with City codes may require <br /> further Planning Commission and City Council review. <br /> 4. Authorities granted by this resolution run with the Property not with the Applicant, but are <br /> permissive only and must be exercised by obtaining a building permit for the new <br /> 4 <br />