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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />675`r <br />10. "The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant." Granting the variance to construct the addition <br />is necessary to increase functionality within the home; as well as for the preservation of <br />the wide, open space between the Property and the neighbor to the east. <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." The proposed project <br />will not impair the health, safety, comfort, or morals of the public. <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." Granting of the variance will resolve and <br />alleviate a demonstrated practical difficulty caused by the application of the lake setback <br />as applied to the Property. <br />CONCLUSIONS, ORDER AND CONDITIONS: <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants a variance to Orono Municipal Zoning Code Section 78-1279 to allow an addition to the <br />existing home 64 feet from the lake where a 75 foot setback is required; and a variance to Orono <br />Municipal Zoning Code Section 78-1680 to permit an additional 93.2 square feet of hardcover <br />within the 75 -foot lake setback where no hardcover is permitted and 3,710 square feet currently <br />exist in conjunction with the proposed addition, subject to the following conditions: <br />1. Council approval is based on the survey dated February 13, 2017 and building plans <br />submitted by the Applicants and annotated by City staff, attached to this Resolution as <br />Exhibits A & B. Any amendments to the plans which are not in conformity with City codes <br />may require further Planning Commission and City Council review. <br />2. Authorities granted by this resolution run with the Property not with the Applicants, but are <br />permissive only and must be exercised by obtaining a building permit for the new <br />construction and commencing construction of said project. A framing inspection must be <br />completed within one year of the date of Council approval, or the variance will expire on <br />that date (April 10, 2018). <br />3. Violation of or non-compliance with any of the terms and conditions of this resolution shall <br />constitute a violation of the zoning code, shall automatically terminate any authority <br />granted herein, and shall be punishable as a misdemeanor. <br />