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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />6 6 1 3 NO. _________ _ <br />the neighborhood; however, the existing location of the neighboring residence building <br />makes it difficult to replace the applicants' home in a location appropriate for the <br />property while meeting the conditions imposed by the City ordinance. Additionally, the <br />remote location of the residence from available on-street parking is not typical in this <br />neighborhood. <br />B10. "The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant." Granting of the average setback variance and <br />lot area variance is necessary to preserve the property rights of the owner to build a new <br />residence on the property. While granting of the hardcover variance is not essential to <br />maintaining the property owners' rights to have a home on the property, the variance <br />would assist in providing for off-street parking since the shared driveway serving as <br />access to the property is not wide enough to provide for on-street parking. <br />B 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." Granting of the <br />average setback variances would not impair health, safety, comfort or morals and would <br />be in keeping with the intent of the zoning code. Granting of a hardcover variance is <br />justified by resulting in a reduction of hardcover from existing levels and will enhance <br />applicant and visitor safety by providing for off-street parking. <br />B 12. "The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty." Granting of the average setback <br />variance is necessary to solve a practical difficulty. Granting the hardcover va rian ce helps <br />to solve the practical difficulty related to parking in the area by providing for off-street <br />parking where on-street parking is lacking. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or mo re of the above findings, the Orono City Council hereby grants a <br />variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a new <br />residence to replace the existing residence on a lot of 0.62 acres in area where 1.0 acres in area is <br />normally required; and a variance to Section 78-1279(6) to allow said new residence to encroach <br />past the average lakeshore setback line where no encroachment is normally allowed; and a <br />variance to Section 78-1700 to allow hardcover of 27.2% wher e only 25% would normally be <br />allowed; subject to the following conditions: <br />1. Council approval is based on the survey and site plans submitted by the Applicants and <br />annot ated by City staff, attached to this Reso lution as Exhibit B. Hardcover on the <br />property shall not exceed 27.2% as shown on the hardcover calculation worksheet <br />Page 5 of7