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0, . O O b CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL SH0 No. 3756 demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a setback variance of 11' for the principal structure and 20' for the main level open deck to the average lakeshore setback line and grants a hardcover variance of 671.7 s.f. or 8.9% to permit construction of a new residence on the property located at 2795 Casco Point Road, subject to the following conditions: 1. Prior to the razing of the existing residence and detached garage, applicant's contractor shall obtain a demolition permit from the City of Orono. Applicant or applicant's contractor shall be responsible for installing erosion control until groundcover is restored on property. 2. Applicants shall provide an updated survey locating all proposed improvements. The updated survey must be submitted with the building permit application along with adjusted hardcover inventory forms. The survey shall include the Theilmann residence located at 2799 Casco Point Road in order to confirm approved Lakeshore setback line for principal structure. J. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 9, 1997). Page 3 of 5