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��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� G�,� No. 6 8 0 1 t`�kES H O�� 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting variances in order to construcf a new residence on a very substandard Property that has been devoid of a residence structure is not necessary for the preservation and enjoyment of a substantial property right of the Applicant. The reasonable uses of the Property are the same uses that have been enjoyed by the current and various prior owners for many decades. The previous owners, the Pfeffers, purchased the Property in 1980 with constructive knowledge that variances to build on the site had been denied just two years earlier, and would have known that the Property could not be built on. The general parameters for buildability within the LR-1 B district (lot area, lot width, setbacks, etc.) have not become more restrictive since the current owners acquired the Property. 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." The filling and grading necessary in order to correct the existing site conditions to make the lot buildable if variances are granted, i.e. redirect the natural drainage through the site to create a buildable pad that won't be subject to periodic flooding, potentially requires removal of a substantial number of protected trees within the 0-75'zone. This would be contrary to the intent of the zoning code. Restricting the rear yard setback further intensifies the challenges with the drainage. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." On three occasions in the past, the City has determined that the Property should not be built upon. In the 1978 City Council resolution denying the lot area, lot width and setback variances, the Council adopted a number of findings supporting denial. The variance requests in 2013 and again in 2014 resulted in a resolution of denial that contains a number of findings establishing a basis for denial of the variances requested. CONCLUSIONS. ORDER AND CONDITIONS: Based upon the above findings, the Orono City Council hereby denies the requested rear yard setback variance to allow construction of a home on the Property befinreen 11.4 and 5.6 feet from the rear lot line. 1. The above-referenced lot area, lot width, and average lakeshore setback variance approval findings are listed within Resolution No. , adopted on 5