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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6654 kEs H 00" 7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." This criterion is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The cabin is an existing nonconforming structure and the Property contains a large number of mature trees providing screening. The topography increases as it moves away from the lake and toward the neighboring property at 560 Big Island. The property on the western side of the right-of-way is separated from the Owners' cabin by approximately 30 feet and sits slightly below the Owners' cabin. The Solar Panels will not adversely impact adjacent properties. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The proposal does not appear to be out of character with the area. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." This criterion appears to be met. 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 Solar Panels on the roof of the cabin 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." This statement is true. 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 78-570 to allow installation of Solar Panels on the roof of the existing cabin on the Property 1.2 feet from the adjacent undeveloped City right-of-way where a 30-foot setback is required; and a variance to Orono Municipal Zoning Code Section 78-1279 to allow installation of Solar Panels on the roof of the existing cabin on the Property, lakeward of the average lakeshore setback line, 130 feet from the OHWL where a 194 foot setback is required, subject to the following conditions: 1. Council approval is based on the survey dated 06/21/16 and plans submitted by the Owners 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. 4