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D <br />C ITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />6 8 2 0 <br />N O.--------- <br />10. "The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant." The owners have ample area to construct a <br />conforming accessory building, meeting the 10 foot separation, demonstrating reasonable <br />use. This criterion is not met. <br />11 . "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 Garage, <br />although could be constructed in a conforming location the proposed var iances are <br />proposed to avoid increased visibility of the building from the lake which protects against <br />the appearance of uncharacteristic bulk and mass. This criterion is met. <br />12 . "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 variance allows <br />preservation of the natural treed view of the Property from the lake and would not be for <br />the sole convenience of the Applicants . This criterion is met. <br />CONCLUSIONS, ORDER AND CONDITIONS: <br />Based upon one or more of the above findings, the Orono City Council hereby grants after- <br />the-fact variances to Orono Municipal Zoning Code Sections 78-570(5) and 78-1438 to allow <br />construction of a Garage 6.7 feet from the principal structure where a 10-foot separation is <br />required ; subject to the following conditions: <br />1. Council approval is based on the entire record, above Findings. <br />2. Council approval is based on the survey dated 11/01/17 by Gronberg and Associates and <br />the building plan sketches submitted by the Applicants and annotated by City staff, <br />attached to this Resolution as Exhibits A & B. Any amendments to the plans which are <br />not in conformity with City codes may require further Planning Commission and City <br />Council review. <br />3. Approval of the variances is conditioned upon submittal of a complete after-the-fact <br />building permit application including plans and specifications to demonstrate compliance <br />with the applicable Building Construction and Fire Codes, as well as a double after-the- <br />fact permit fee within 90 days from variance approval (March 11, 2018). <br />4. Any amendments to the plans which are not in conformity with City codes may require <br />further Planning Commission and City Council review. <br />4