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c. Ihere are limited alternative locations for the attached garage <br />replacement due to the configuration and topographical constraints of <br />the lot. <br />4.The City Council has considered this application including the findings <br />and recommendation of the Planning Commission, reports by City staff, <br />comments by the applicants and the public, and the effect of the proposed <br />variance on the health, safety and welfare of the community. <br />5.The City Council finds that the conditions e.xisting on this property are <br />peculiar to it and do not apply generally to other property in this zoning <br />district; that granting the variance would not adversely affect traffic <br />conditions, light, air nor pose a fire hazard or other danger to neighboring <br />property; would not merely serve as a convenience to the applicants, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicants; and would be in <br />keeping w ith the spirit and intent of the Zoning Code and Comprehensive <br />Plan of the Citv. <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 Orono Municipal Zoning Code Section 10.24 Subdivision 5 (b) to <br />allow the replacement of an existing garage to be located 28 feet from the front property <br />line when 35 feet is normally required, subject to the following conditions; <br />1 Council approval is based on the site plan submitted by the applicants and <br />annotated by City staff, attached to this Resolution as Exhibit A. Any <br />amendments to the site plan which are not in conformity with City codes will <br />require further Planning Commission and City Council review. <br />2.Authorities granted by this resolution run with the property not with the <br />applicants, but are permissive only and must be exercised by obtaining a building <br />permit for the new construction within one year of the date of Council approval, <br />or the variance will expire on that date (August 25,2004). <br />3.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 5 <br />- <br />J