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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. ________________________ <br /> <br /> <br />5 <br /> <br />house properties. The reduction of hardcover within 75-feet of the OHWL is a special <br />condition peculiar to the property that justifies granting a variance for hardcover within 75- <br />feet of the OHWL. <br /> <br /> <br />10. “The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant.” Substantial property right is realized by the <br />principal structure. The boathouse is allowed to be maintained and replaced in-kind. <br />Expansion of an existing non-conforming structure is not a right. Regarding the variances <br />to expand the boathouse, this criterion is not met. <br /> <br />The hardcover variance requested in order to reorient the lake access stair results in a <br />reduction in overall hardcover and lake access stairs are a permitted hardcover <br />improvement. Regarding the hardcover variance, this criterion is met. <br /> <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.” Granting the <br />requested variances will not adversely impact health, safety, comfort, or morals; however, <br />the expansion of the nonconforming building is contrary to the goals of the code in relation <br />to views into the Property. With regard to the setback variances for the boathouse <br />expansion, this criterion has not been met. <br /> <br />The hardcover variance requested in order to reorient the lake access stair results in a <br />reduction in overall hardcover and is in conformance with the intent of the code. Regarding <br />the hardcover variance, this criterion is met. <br /> <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 Owner asserts that the variances are <br />necessary for safety and will not merely serve as a convenience. Access to the water is <br />possible through steps and/or stairs over steep slopes. Regarding the hardcover variance, <br />this criterion is met. <br /> <br />The requested setback variances to expand the nonconforming boathouse would provide <br />a more comfortable viewing opportunity, which could be considered a convenience. With <br />regard to the setback variances for the boathouse expansion, this criterion has not been <br />met. <br /> <br />CONCLUSIONS, ORDER AND CONDITIONS: <br /> <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a <br />hardcover variance to Orono Municipal Zoning Code Section 78-1680 to allow reorientation of the