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CITY OF ORONO RESOLUTION of THE CITY COUNCIL No. 7543 indicates that the required parking for this use should not be separated by a public roadway. This application corrects this nonconformity with the site. This criterion is met. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The logistical challenges resulting from the Property's shape; it's proximity to and relationship with the lake and the County Road; and the location of the existing structures and improvements are unique to the Property. This criterion is met. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The new parking lot supports increased safety for pedestrians and vehicles in the area. Additionally, the parking lot and fence protect the landscaping and natural vegetation around the lakeshore from vehicle impacts. The application supports the preservation of the Property rights of the Applicant. This criterion is met. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting the variances for the fence setback and parking lot hardcover will improve safety for the site. The improvments should reduce the pedestrian demand on the crosswalk over the County road and will improvethe vehicular circulation within the site. This criterion is met. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." There are practical difficulties that support the application as proposed. The after -the -fact variances requested for the new parking lot and fencing in the 75 foot lakeshore and street setback areas, the parking lot hardcover in the 75 foot setback will improve the overall safety and accessibility on the uniquely challenging lot. This criterion is met. CONCLUSIONS. ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants after - the -fact approval for a Commercial Site Plan and grants the requested after -the -fact variances from Orono Municipal Zoning Code Sections 78-1279, 78-1680, and 78-1700, to allow new parking lot hardcover and a fence within the 75400t setback from the lake and 37.69% overall hardcover where 25% is allowed, subject to the following conditions: l�