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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO . --------- 9. "The conditions do not apply generally to other land or structures in the district in which the land is located ." The property is situated at the northwestern most point of the island . The applicant's proposal does not appear to be out of character with the area . This criterion is met. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." This statement is true . 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 this chapter." The proposed cabin additions will not impair the health, safety, comfort or morals of the public.This criterion is met. "The granting of such variance will not merely serve as a convenience to the applicant , but is necessary to alleviate demonstrable difficulty ." The Applicants have demonstrated practical difficulties which support granting average lakeshore setback variances to permit the improvements lakeward of the average lakeshore setback line. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings , the Orono City Council hereby denies variances from Orono Municipal Zoning Code Sections 78-1279 to permit construction of the mud room and screen porch addition lakeward of the average lakeshore setback; subject to the following conditions: 1. Council approval is based on the survey by Kemper & Associates , Inc. dated 12/13/17 and building plans dated 12/08/17 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. 2. 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 framing inspection must be completed on the cabin additions within one year of the date of Council approval, or the variances will expire on that date (March 12, 2019). 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein , and shall be punishable as a misdemeanor. 4