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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 <br />property right of the applicant; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the City. <br />5.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 />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, <br />Subdivision 16 (L) (1) to permit expansion of the building envelope for a 2"^ story addition <br />within the 0-75' lakeshore setback; Section 10.22, Subdivision 2 and Section 10.56, Subdivision <br />16 (L) (2) to permit 2,406.64 s.f. (51%) hardcover within the 75-250' lakeshore setback, where <br />719.45 s.f. (15.3%) exists and 1 169.5 s.f (25%) is allowed; and Section 10.56. Subdivision <br />16 (C) (6) to permit an encroachment into the average lakeshore setback, subject to the <br />following conditions: <br />1.Authorities granted by this variance run with the property not with the <br />applicants, but are permissive only and must be exercised by application fur a <br />building permit within one year of the date of Council approval, or this variance <br />will expire on that date (May 28, 2003). <br />2.Violation of or non-compliance with any of the term*' nd conditions of this <br />variance shall constitute a violation of the zoning code, shall automatically <br />terminate any authority granted herein, and shall be punishable as a <br />misdemeanor. <br />3.The undersigned applicant has read, understood and hereby agree to the terms <br />of this resolution and on behalf of herself her heirs, successors and assigns, <br />hereby agrees to the recording of this resolution in the Chain of Title of the <br />property. <br />Page 3 of 5 <br />.. MirrMnirAtni JL