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5.The City Council finds that the conditions existing on this property are <br />peculiar to it and do not apply generally to other property in this zoning <br />district; that granting the variances 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 applicant, but <br />is necessary to alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right of the applicant; and <br />would be in keeping with the spirit and intent of the Zoning Code and <br />Comprehensive Plan of the City. <br />6.The City Council has considered this application including the findings <br />and recommendations of the Plarming Commission, reports by City stafl', <br />comments by the applicant and the e^ect of the proposed variance on the <br />health, safety and welfare of the community. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council <br />hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 and <br />Section 10.56, Subdivision 16 (C) (6) to permit an expansion of the roof line and <br />raising the roof within 75* of the lakeshore; and denies variances to Section 10.22, <br />Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit additional hardcover <br />within the 75-250’ lakeshore setback over 25% and to Section 10.03, Subdivision 14 (C) <br />to permit additional structuie over 15% on the property, subject to the following <br />conditions: <br />L Authorities granted by this variance run with the property not with the <br />applicant, but are permissive only and must be exercised by application <br />for a building permit within one year of the date of Council approval, or <br />this variance will expire on that date (April 22, 2003). <br />2.Violation of or non-compliance with any of the terms and conditions of <br />this variance shall constitute a violation of the zoning code, shall <br />automatically terminate any authority granted herein, and shall be <br />punishable as a misdemeanor. <br />Page 3 of 6