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RESOLUTION OF THE CITY COUNCIL <br />NO <br />constructed up to 26 feet from the wetland edge. This is similar for all pre-existing homes <br />on the properties abutting the south basin of French Lake. <br />9. "The conditions do not apply generally to other land or structures in the district in which the <br />land is located." <br />The Property and other properties abutting the south basin of French Lake predate the <br />City's adoption of the Shoreland Regulations which established the 150 -feet lake setback <br />and 75 -foot hardcover prohibition. <br />10. "The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant." <br />Granting average lakeshore setback and lake setback variances to allow the <br />Improvements within the 150 -foot lake setback is reasonable and necessary to preserve <br />the property rights of the Owner and supported by the nonconforming location of the home <br />on the Property. Further, the stepping stone pavers were not determined to be necessary <br />for preservation of a property right. <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." <br />This criteria is met. <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." <br />The Applicants have demonstrated practical difficulties which support granting setback <br />variances to permit the construction of the Improvements lakeward of the 150 -foot lake <br />setback and average lakeshore setback line. However, a practical difficulty was not <br />demonstrated which supports allowing the stepping stone paver hardcover within the 75 - <br />foot setback. <br />CONCLUSIONS, ORDER AND CONDITIONS: <br />Based upon one or more of the above findings, the Orono City Council hereby denies a <br />variance to Orono Municipal Zoning Code Sections 78-1680 and 78-1700 to permit installation of <br />stepping stone pavers within 75 feet of the OHWL of French Lake where hardcover is normally <br />not permitted. Further, the Orono City Council hereby grants a variance to Orono Municipal <br />Zoning Code Section 78-1279 to allow construction of the Improvements lakeward of the average <br />lakeshore setback; and a variance to Orono Municipal Zoning Code Section 78-1279 to allow <br />