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�Op CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 6829 <br /> iktsli 0°. <br /> 10. "The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant." The applicant states that the variance is <br /> necessary. A deck lakeward of the home is a customary improvement in this area. <br /> This criterion is met. <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 variances 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 east create practical difficulties affecting the Property; The <br /> applicant was working within the footprint of the existing encroaching deck but is <br /> slightly taller creating a new encroachment; the variances are necessary and not <br /> 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 the construction of the deck <br /> within the average lakeshore setback, subject to the following conditions: <br /> 1. Council approval is based on the entire record, above Findings. <br /> 2. The approved project shall conform to the survey dated 11/08/2017 submitted by the <br /> Applicants and annotated by City staff, attached to this Resolution as Exhibit A. <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 construction <br /> and commencing construction of said project. An inspection must be completed within <br /> one year of the date of Council approval, or the variance will expire on that date (February <br /> 12, 2019). <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 /> 4 <br />