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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6647 lgxtsH0 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property's location on the point of Fagerness Point Road is unique and applies primarily to this Property; the application of the setback requirements virtually eliminates the ability to improve the Property without a variance, creating a practical difficulty. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting the variances to make modifications to the roof to allow for increased roof ventilation and water runoff off of the roof is necessary for the preservation of the owners' property rights. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter."The proposed project will not impair the health, safety, comfort, or morals of the public. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Granting of the variances will resolve and alleviate a demonstrated practical difficulty caused by the application of the lake and average lakeshore setbacks applied to the Property. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-350 to allow modifications to the roof eave and expansion of the overhang 9.4 feet from the north side property line where a 10- foot setback is required; and grants variances to Orono Municipal Zoning Code Section 78-1279 to allow modifications to the roof eaves and expansion of the overhangs on the existing home as close as 23 feet from the lake where a 75-foot setback is required, as well as entirely lakeward of the average lakeshore setback line, subject to the following conditions: 1. Council approval is based on the survey by Gronberg and Associates dated 05/24/16 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A& B. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. 'A framing inspection must be completed within one year of the date of Council approval, or the variances will expire on that date (July 11, 2017). 4