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O O to- _ CITY of ORONO Al Cit VS1.0 .1 G RESOLUTION OF THE CITY COUNCIL • 9kESH040' NO. 3989 2. The proposed addition would not further encroach on the required front setback requirement. 3. Watertown Road is unplatted. The front property line follows the center line of the street. The existing residence is 86' from the center of the street and 55' from the edge of the pavement. The required 100' front setback is measured from the edge of the street. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.27, Subdivision 5(B) to allow a front setback variance of 5' to permit the construction of an attached garage and living space to the rear of the existing residence located 95' from the edge of the street where 100' is required and 55' is existing. Approval was subject to the following conditions: 1. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 27, 1998). 2. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically Page 2 of 5