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��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� `�" NO. � � �� J G t`�kEs H p�� not uncommon in the surrounding neighborhood. The extreme setback of the northerty home is not in character with the immediate neighborhood. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located."The majority of the homes both to the north and south of the Property are closer in proximity to the lake and are more consistently in line with each other. The home on the lot directly to the north is set back further than the other immediately adjacent homes. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The applicant states that the variance is necessary. 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 of the Property; the topography and location of the adjacent home to the north create practical difficulties affecting the Property; the variances are necessary and 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 a variance to Orono Municipal Zoning Code Section 78-330 to allow redevelopment of a property with approximately 100 feet in width where 140 feet is the minimum required to construct a new residence; and a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of portions of the new residence and terraces to encroach up to 40 feet lakeward of the average lakeshore setback line, subject to the following conditions: 1. Council approval is based on the survey dated March 3, 2017 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 4