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RESOLUTION OF THE CITY COUNCIL <br />8?0."The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant." Applying the setbacks on the Property results in <br />a limited building area. Without variances much of the Property is not usable. The <br />variance is necessary to preserve the owner's property rights. <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." Granting the <br />requested variance will not adversely impact health, safety, comfort, or morals; nor will it <br />be contrary to the intent of the Code. <br />B?2. "The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty." The application of the average Lakeshore <br />setback severely limits the options for improving the property/home; the granting of the <br />requested variance is necessary to alleviate a practical difficulty resulting from the <br />location of the existing home, the orientation and location of the neighboring homes, the <br />depth of the lake yard, and the channel character of the lake shoreline. <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 honing Code Section 78-1279 fo allow construction of a deck <br />lakeward of the average lakeshore setback, subject to the following conditions: <br />C1. Council approval is based on the entire record, the above Findings. <br />C2.The approved project shall conform to the site plan and building plans submitted by the <br />Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. <br />C3.Any amendments to the plans which are not in conformity with City codes may require <br />furiher Planning Commission and Ci#y Counci[ review. <br />C4.Authorities granted by this resolution run with the Property not with the Applicants, but <br />are permissive only and must be exercised by obtaining a building permit for the new <br />construction and commencing construction of said project. A building permit must be <br />obtained within one year of the date of Council approval, or the variance will expire on <br />that date (November 12, 2025). <br />C5. Violation of ornon-compliance with any of the terms and conditions of this resolution <br />may result in the termination of any authority granted herein. <br />!1 <br />