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e'sf4141 _� , � CITY of ORONO � � `�� 61 RESOLUTION OF THE CITY COUNCIL � `9ttESH04�� NO. 6 7 1 5. 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 variance 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 practical 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-330 (B) to allow construction of an addition to the existing home with a partial second-story resulting in an 11.7 foot setback on the rear of the home where a 35-foot side street setback is normally required and a 9.4 foot setback currently exists, subject to the following conditions: 1. Council approval is based on the survey and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. No hardcover variances are granted. The Applicants must remove plastic and fabric underlayment from all landscape areas to reduce hardcover on the Property. 3. The building plans submitted for building permit will be reviewed to ensure compliance with the City's building height and number of stories regulations. 4. Authorities granted by this resolution run with the property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (September 12, 2012). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 5