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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO.7606 <br />B8. "The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property." The Property's short depth, the existing home <br />location and proximity to the lakeshore, and the relationship to adjacent homes create <br />difficulties for improving the Property consistent with the homes in their neighborhood. <br />B9. "The conditions do not apply generally to other land or structures in the district in which the <br />land is located." The Property's substandard area and width, shallow depth, the location of <br />the existing home, adjacent homes, and the home's proximity to the lake create <br />difficulties for the owners <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 setback variances to construct a <br />2nd story over the existing footprint is necessary for the preservation of the owners' <br />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 variances in this unique situation is not contrary to the intent of the zoning <br />chapter. <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." The requested variances are necessary <br />and do not merely serve as a convenience to the owners. <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 Zoning Code Sections 6.12.1450 and 6.12.6240 to allow <br />construction of a 2nd story addition to the home over the existing footprint 20.7 feet from the rear <br />property line and 67 feet from the OHWL, and a minimal increase in the height of the grade - <br />level deck 54 feet from the OHWL, subject to the following conditions: <br />C1.Council approval is based on the entire record, above Findings. <br />C2.The approved project shall conform to the survey dated 10/25/2021 and building plans <br />submitted by the Applicant and annotated by City staff, attached to this Resolution as <br />Exhibits A & B. <br />C3.Any amendments to the plans that do not conform to City codes may require additional <br />review by the Planning Commission and City Council. <br />4 <br />76 <br />