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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO.7666 <br />B10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the Applicant; a variance is necessary for the Applicant to <br />reasonably build a residence on the Property away from Brown Road South. As <br />sightlines are not impacted, the average Lakeshore setback impedes the property rights <br />of the owner, and <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; the variance to <br />construct the proposed home will not impact the health, safety, comfort and morals of other <br />residents in the area. The variance meets the intent of the average lakeshore setback <br />where views on adjacent properties will be preserved; and <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 granting of the requested variance is <br />reasonable and would alleviate a significant difficulty placed on the Applicant. <br />CONCLUSIONS, ORDER AND CONDITIONS: <br />Based upon one or more of the above findings, the Orono City Council hereby grants a <br />variance from Orono Municipal Zoning Code Section 6.12.6240 for a 6,321-square-foot <br />residence to be constructed 46 feet lakeward of the average lakeshore setback, subject to the <br />following conditions: <br />1. Council approval is based on the entire record, above Findings. <br />2. The approved project shall conform to the building plans and survey submitted by the <br />Applicant, attached to this Resolution as Exhibits A. <br />3. 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. Authorities granted by this resolution run with the Property not with the owners, but are <br />permissive only and must be exercised by obtaining a permit for the sauna building and <br />commencing construction of said project. A framing inspection must be completed <br />within one year of the date of Council approval, or the variance will expire on that date <br />(February 23, 2027). <br />5. Violation of or non-compliance with any of the terms and conditions of this resolution <br />may result in the termination of any authority granted herein. <br />54 <br />