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.k <br /> CITY of ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. = ' ILI <br /> t�xESll0 <br /> C. An easement across Tract D providing access to Tonkaview Lane has been <br /> granted in favor of the subject property (Tract C). <br /> D. No additional variances are required. <br /> E. Municipal sewer is available and the property has been assessed for sewer. <br /> 4. The City Council has considered this application including the findings and <br /> recommendations of the Planning Commission, reports by City staff, comments <br /> by the applicant and the effect of the proposed variance on the health, safety and <br /> welfare of the community. <br /> 5. The City Council finds that the conditions existing on this property are peculiar <br /> to it and do not apply generally to other property in this zoning district; that <br /> granting the variance would not adversely affect traffic conditions, light, air nor <br /> pose a fire hazard or other danger to neighboring property; would not merely <br /> serve as a convenience to the applicant, but is necessary to alleviate a <br /> demonstrable hardship or difficulty; is necessary to preserve a substantial property <br /> right of the applicant; and would be in keeping with the spirit and intent of the <br /> Zoning Code and Comprehensive Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby <br /> grants a variance to the Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the <br /> construction of a residence on a .74 acre lot where 1 acre is required subject to the following <br /> conditions: <br /> 1. Authorities granted by this resolution run with the property not with the applicant, <br /> but are permissive only and must be exercised by application for a building <br /> permit within one year of the date of Council approval, or this variance will <br /> expire on that date (April 26, 1994). <br /> 2. Violation of or non-compliance with any of the terms and conditions of this <br /> resolution shall constitute a violation of the zoning code, shall automatically <br /> terminate any authority granted herein, and shall be punishable as a misdemeanor. <br /> Page 2 of 4 <br /> fwuSMNO� <br />