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BOO CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> s*It"�` NO. 7543 <br /> AEs H OCL <br /> indicates that the required parking for this use should not be separated by a public <br /> roadway. This application corrects this nonconformity with the site. This criterion <br /> is met. <br /> 9. "The conditions do not apply generally to other land or structures in the district in which the <br /> land is located." The logistical challenges resulting from the Property's shape; it's <br /> proximity to and relationship with the lake and the County Road; and the location <br /> of the existing structures and improvements are unique to the Property. This <br /> criterion is met. <br /> 10. "The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant." The new parking lot supports increased <br /> safety for pedestrians and vehicles in the area. Additionally, the parking lot and <br /> fence protect the landscaping and natural vegetation around the lakeshore from <br /> vehicle impacts. The application supports the preservation of the Property rights of <br /> the Applicant. This criterion is met. <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 /> variances for the fence setback and parking lot hardcover will improve safety for <br /> the site. The improvments should reduce the pedestrian demand on the crosswalk <br /> over the County road and will improvethe vehicular circulation within the site. This <br /> criterion is met. <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." There are practical difficulties that <br /> support the application as proposed. The after-the-fact variances requested for the <br /> new parking lot and fencing in the 75 foot lakeshore and street setback areas, the <br /> parking lot hardcover in the 75 foot setback will improve the overall safety and <br /> accessibility on the uniquely challenging lot. This criterion is met. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings,the Orono City Council hereby grants after- <br /> the-fact approval for a Commercial Site Plan and grants the requested after-the-fact variances <br /> from Orono Municipal Zoning Code Sections 78-1279, 78-1680, and 78-1700, to allow new <br /> parking lot hardcover and a fence within the 75-foot setback from the lake and 37.69% overall <br /> hardcover where 25% is allowed, subject to the following conditions: <br /> 6 <br />