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CITY OF ORONO RESOLUTION OF THE C ITY COUNCIL NO . --------- 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The owners have ample area to construct a conforming accessory building , meeting the 10 foot separation , demonstrating reasonable use . This criterion is not met. 11 . "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 th is chapter." The Garage , although could be constructed in a conforming location the proposed variances are proposed to avoid increased visibility of the building from the lake which protects against the appearance of uncharacteristic bulk and mass . This criterion is met. 12. "The granting of such variance will not merely serve as a convenience to the applicant , but is necessary to alleviate demonstrable difficulty ." The requested variance allows preservation of the natural treed view of the Property from the lake and would not be for the sole convenience of the Applicants. This criterion is met. CONC LUS IO NS, ORDER AND COND IT IONS: Based upon one or more of the above findings , the Orono City Council hereby grants after- the-fact variances to Orono Municipal Zoning Code Sections 78-570(5) and 78-1438 to allow construction of a Garage 6. 7 feet from the principal structure where a 10-foot separation is required ; subject to the following conditions: 1. Council approval is based on the entire record , above Findings . 2 . Council approval is based on the survey dated 11 /01 /17 by Gronberg and Associates and the building plan sketches submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review . 3. Approval of the variances is conditioned upon submittal of a complete after-the-fact building permit application including plans and specifications to demonstrate compliance with the applicable Building Construction and Fire Codes , as well as a double after-the- fact permit fee within 90 days from variance approval (March 11 , 2018). 4 . Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4