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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />6783 <br />NO. <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." Granting the <br />requested variance will not adversely impact health, safety, comfort, or morals; nor will it <br />be contrary to the intent of the Code. <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." The topography and location of the <br />adjacent home to the north create practical difficulties affecting the Property; the variances <br />are necessary and not merely serve as a convenience to the owners. <br />CONCLUSIONS. ORDER AND CONDITIONS: <br />Based upon one or more of the above findings, the Orono City Council hereby grants a <br />variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new lakeside <br />pool to encroach as much as 46 feet lakeward of the average lakeshore setback line' subject to <br />the following conditions: <br />1. Council approval is based on the entire record, and the above Findings. <br />2. The approved project shall conform to the survey dated 07/16/2017 and building plans <br />submitted by the Applicants and annotated by City staff, attached to this Resolution as <br />Exhibits A & B. <br />3. Any amendments to the plans which are not in conformity with City codes may require <br />further Planning Commission and City Council review. <br />4. 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 (August 14, 2018). <br />5. Violation of or non-compliance with any of the terms and conditions of this resolution may <br />result in the termination of any authority granted herein. <br />