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*1\0E- <br /> 0.r� <br /> ti CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> ��•� NO. 7568 <br /> kESHO0 <br /> B10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant; the owner has a right to rebuild the shed in-kind, <br /> preserving a substantial property right. The expansion of a nonconforming building is not <br /> a right of the property owner. This criterion is not met; and <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 a variance <br /> in this situation would be contrary to the intent of the of the ALS as a function of Shoreland <br /> Management. Although the structure is failing and the foundation is cracking, the applicant <br /> proposes a significant increase beyond the current dimensions of the existing shed. The <br /> increased mass of the proposed structure would impact the lake views the ALS is intended <br /> to protect, and <br /> B12. The granting of such variance will not merely serve as a convenience to the applicant, but is <br /> necessary to alleviate demonstrable difficulty; staff finds the granting of the requested <br /> variance would not alleviate a demonstratable difficulty. The owner retains the ability to <br /> rebuild the building in-kind to address the noted issues and not further impact views within <br /> the ALS. <br /> CONCLUSIONS, ORDER AND CONDITIONS: <br /> Based upon one or more of the above findings, the Orono City Council hereby denies the <br /> variance to Orono Municipal Zoning Code Section 78-1279 to expand existing accessory building <br /> within the average lakeshore setback. <br /> ADOPTED by the Orono City Council on this 10th day of March, 2025. <br /> ATTEST: CITY OF ORONO: <br /> 2 <br /> `_ t <br /> Christi Asian, IiiirClerk Bob Tunheim, Mayor <br /> 4 <br />