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AZLOAi <br /> kJ CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> kkSHov-v <br /> NO. Z. <br /> constructed up to 26 feet from the wetland edge. This is similar for all pre-existing homes <br /> on the properties abutting the south basin of French Lake. <br /> 9. "The conditions do not apply generally to other land or structures in the district in which the <br /> land is located." <br /> The Property and other properties abutting the south basin of French Lake predate the <br /> City's adoption of the Shoreland Regulations which established the 150-feet lake setback <br /> and 75-foot hardcover prohibition. <br /> 10. "The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant." <br /> Granting average lakeshore setback and lake setback variances to allow the <br /> Improvements within the 150-foot lake setback is reasonable and necessary to preserve <br /> the property rights of the Owner and supported by the nonconforming location of the home <br /> on the Property. Further, the stepping stone pavers were not determined to be necessary <br /> for preservation of a property right. <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." <br /> This criteria is met. <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." <br /> The Applicants have demonstrated practical difficulties which support granting setback <br /> variances to permit the construction of the Improvements lakeward of the 150-foot lake <br /> setback and average lakeshore setback line. However, a practical difficulty was not <br /> demonstrated which supports allowing the stepping stone paver hardcover within the 75- <br /> foot setback. <br /> CONCLUSIONS, ORDER AND CONDITIONS: <br /> Based upon one or more of the above findings, the Orono City Council hereby denies a <br /> variance to Orono Municipal Zoning Code Sections 78-1680 and 78-1700 to permit installation of <br /> stepping stone pavers within 75 feet of the OHWL of French Lake where hardcover is normally <br /> not permitted. Further, the Orono City Council hereby grants a variance to Orono Municipal <br /> Zoning Code Section 78-1279 to allow construction of the Improvements lakeward of the average <br /> lakeshore setback; and a variance to Orono Municipal Zoning Code Section 78-1279 to allow <br /> 5 <br />