Resolution 7596 Varience Reconstruction of Deck 2565 Dunwoody

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�OtV� CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7596 elkESHO�� B9."The conditions do not apply generally to other land or structures in the district in which the land is located."The linear shoreline condition and generally linear placement of neighboring homes apply to the other homes in the immediate neighborhood. B10."The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."The Applicant's submitted information supports the request for the average lakeshore setback variance, and they have indicated it is necessary for the preservation of the property rights of the owners. B11."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 requested variance in this unique situation is not contrary to the intent of the zoning chapter. B12."The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty."The Property has an existing deck and patio, which can legally be rebuilt in-kind. However, changes or expansions to improve functionality are not permitted due to the average lakeshore setback. The Applicant has provided documentation indicating that the requested variance is the minimum necessary and does not merely serve as a convenience. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 to allow reconstruction of a reconfigured deck partially lakeward of the average lakeshore setback line, subject to the following conditions: C1.Council approval is based on the entire record, above Findings. C2.The approved project shall conform to the survey dated 03/17/2025 and revised on 05/20/2025 by Gronberg and Associates, and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. C3.Any amendments to the plans that are not in conformity with City codes may require further Planning Commission and City Council review. C4.Authorities granted by this resolution run with the Property, not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A building permit must be 4