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�°�o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �j �,��' No. � 7 1 2 '�kEs H o��` B 11. T'he granting of the proposed variances 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 of the requested variances would not impair health,safety,comfort or morals and would be in keeping with the intent of the zoning code. B 12. The granting of such variances will not merely serve as a convenience to the applicant,but is necessary to alleviate demonstrable difficulty. In the opinion of staff, granting of the average lakeshore setback variances is necessary to solve an obvious practical difficulty created by strict application of the ordinance to a new lakeshore subdivision where the placement of a home and timing of construction on any given Lot affects the potential allowable locations for homes on adjacent Lots. In a situation where the location of the first home to be constructed can negatively affect the possible conforming locations for adjacent homes constructed later, granting of variances to the ordinance is an appropriate remedy to alleviate the practical difficulty. 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 78-1279(6) in order to allow a new home on each of Lots 1, 2, 3, 4, 5, 6, and 7, MOONEY LAKE PRESERVE to be constructed lakeward of the defined average lakeshore setback line where no such encroachment is normally allowed, and a variance to Section 78-128 to allow said variances to be applicable on a permanent basis rather than subject to the standard 1-year expiration if not used; subject to the following conditions: 1. The proposed or possible home site location depictions for Lots 1 through 7, Block 1, MOONEY LAKE PRESERVE as shown on the drawings (attached hereto as Exhibit A), which were established during final plat approval are approved for principal residence construction in the locations depicted. Any substantial relocation of homes or accessory structures lakeward of said depictions which in the opinion of the Orono Planning Deparhnent might impair lake views of one or more adjacent lakeshore Lots shall require an average lakeshore setback review by the Planning Commission and City Council. 2. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only. The variances granted herein and the conditions imposed are intended to remain valid for construction of the initial principal residence structure on each lot, and do not expire. Future replacement or reconstruction of the initial principal residence structure on a Lot shall be subject to these same conditions.