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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. 7587 <br /> <br /> <br />5 <br /> <br />in the City, although not in the immediate neighborhood. Applying the lake setback <br />requirement eliminates the owners’ ability to expand or improve the home without a <br />variance, creating a practical difficulty. <br /> <br />B10. “The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant.” Granting the variances to construct the addition <br />is necessary to increase functionality within the home, as well as for the preservation of <br />the wide, open space between the Property and the neighbor to the west. <br /> <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.” The proposed <br />project will not impair the health, safety, comfort, or morals of the public. <br /> <br />B12. “The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty.” Granting of the variances will resolve and <br />alleviate a demonstrated practical difficulty caused by the lake setback as applied to the <br />Property. <br />CONCLUSIONS, ORDER AND CONDITIONS: <br /> <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a <br />variance from Orono Municipal Zoning Code Section 78-1279 to allow construction of an <br />expanded open porch on the west side of the home, 44.6 feet from the OHWL, where a 75-foot <br />setback is required; and a variance from Section 78-1680 to allow 3,978 square feet of <br />hardcover in the 75-foot setback from the lake; subject to the following conditions: <br /> <br />C1. Council approval is based on the entire record, above Findings. <br /> <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 /> <br />C3. Any amendments to the plans that are not in conformity with City codes may require <br />further Planning Commission and City Council review. <br /> <br />C4. Authorities granted by this resolution run with the Property, not with the Owners, but are <br />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 (May 12, 2026). <br /> <br />C5. Violation of or non-compliance with any of the terms and conditions of this resolution <br />may result in the termination of any authority granted herein. <br />238