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reason that they are looking at including a bathroom in the proposed structure so elderly parents and other <br />people that may not be able to traverse the grade change as easily as others can still enjoy all aspects of the <br />property. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort, <br />morals, or in any other respect be contrary to the intent of the Zoning Code. <br />Response: Granting of the variance will not impair health, safety, comfort or morals, or in any other respect <br />be contrary to the intent of the zoning code. Further, granting of the variance will allow more people, greater <br />access, to fully utilize the shoreline of the property. This is one of the key reasons that adding plumbing to the <br />structure – so that family and friends are able to use the lake without traversing the stairs to the main house. <br />Plumbing is an allowable in an accessory structure per Sec. 78-1437 of the Orono Code. And although there <br />may be a perceived intensification of use in the adding of plumbing, the homeowners are prepared to sign a <br />covenant stipulating that the structure will not be used for dwelling purposes per Sec. 78-1437. All proposed <br />grading will result in no net change of flood storage capacity on the site. <br />12. The granting of such variance will not merely serve as a convenience to the applicant but is <br />necessary to alleviate demonstrable difficulty. <br />Response: To remain within the confines of the existing volume and comply with the MCWD minimum <br />opening requirements would result in an interior finished space that is 2’-2” shorter than the current <br />boathouse. In re-constructing the boathouse, the homeowner has already reduced the functional height of the <br />structure, so granting of the variance does not provide them a convenience, but rather limiting the drastic <br />amount of change required by adhering to both the City and the MCWD rules and regulations. By granting a <br />variance from the 15’ bench requirement, the homeowners will not be forced to alter the physical character of <br />the lakeshore. The addition of plumbing in the structure (in conformance with Sec. 78-1437(3)) will allow for <br />the use and enjoyment of a key feature of the site by a wider range of people with varying abilities. Further, <br />the willingness of the homeowners to sign a covenant specifically stating that the structure will not be used <br />for dwelling purposes should alleviate concerns about a potential intensification of use. <br />94