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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 11 NO. 6750 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." Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The size and shape of the Property; its position along the curve of North Shore Drive and location of the adjacent home to the west create practical difficulties affecting the Property; the variances are necessary and do not merely serve as a convenience to the owners. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-330 to allow redevelopment of the Property which has 0.42 acre in area and 103 feet in width at the OHWL and 111 feet in width at the 75 -foot setback where 1.0 acre in area and 140 feet in width are required; a variance to Orono Municipal Zoning Code Section 78-330 to allow a side street setback of 16 feet for the new home and 20 feet for the in ground swimming pool where a 35 foot setback is required; and a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new home 98 feet from OHWL and an in ground swimming pool 75 feet from the OHWL, both lakeward of the average lakeshore setback line which is 141 feet from the OHWL, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey by W. Brown Land Surveying Inc., dated 03/24/2017, building plans, and landscape plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A, B & C. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. 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 variance will expire on that date (April 24, 2018). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein.