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. 1 g-��o C ITY OF ORONO RESOLUT'ION OF THE CITY COUNCIL �`�� ti�'~� No. bb � 3 kESH04 the neighborhood; however, the existing location of the neighboring residence building makes it difficult to replace the applicants' home in a location appropriate for the prope�ty while sneeting the conditions imposed by the City ordinanc� Additionally, the � remote location of the �esidence fi�om available on-street parking is not typical in this neighborhood B10. "The granting of the application is necessary for the preservation and enjoyrnent of a substantial property right of the applicant." Granting of the average setback variance and lot area variance is necessary to preserve the p�operly rights of the owne�to build a new �esidence on the properly. While granting of the hardcove� variance is not essenttal to maintaining the property ownet�s' rights to have a home on the property, the variance would assist in p�oviding for off-street parking since the shared driveway serving as access to the property is not wide enough to provide for on-stpeet paYking. B 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." G�anting of the aveYage setback va�iances would not impai�health, safety, comfort op morals and would be in keeping with the intent of the zoning cod� Granting of a hardcover variance is justified by �esulting in a reduction of hardcover f�om �xisting levels and will enhance applicant and visitor safety by providing fo�off-slYeet papking. B12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Granting of the aver�age setback variance is necessary to solve a pYactical difficulty. Granting the hardcove�variance helps to solve the practical difficulty �elated to parlring in the area by providing for off-street pa�king whe�e on-street pa�king is lacking. 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 construction of a new residence to replace the existing residence on a lot of 0.62 acres in area where 1.0 acres in area is normally required; and a variance to Section 78-1279(6) to allow said new residence to encroach past the average lakeshore setback line where no encroachment is normally allowed; and a variance to Section 78-1700 to allow hardcover of 27.2% where only 25% would normally be allowed; subject to the following conditions: 1. Council approval is based on the survey and site plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit B. Hardcover on the property shall not exceed 27.2% as shown on the hardcover calculation worksheet Page 5 of 7