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tT <br />br <br />8.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 variances on the health, safety <br />and welfare of the community. <br />9.The Council finds that the conditions existing on this property are peculiar to <br />it and do not apply generally to other property in this zoning district; that <br />granting the requested variances would not adversely affect traffic conditions, <br />light, air nor pose a fire hazard or other danger to neighboring properties, <br />would not merely serve as a convenience to the applicant, but is necessary to <br />alleviate a demonstrable hardship or difficulty; is necessary to preserve a <br />substantial property right of the applicant; and would be in keeping with the <br />spirit and intent of the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of the City <br />of Orono hereby approves the commercial site plan, building elevations and landscape plan <br />referenced above and approves the variances as requested based on the unique findings and <br />hardships noted in tiiis resolution and approves the City’s issuing a building permit for the <br />proposed additions to the Rick ’s Super Value Store (for the site plan attached as Exhibit A) <br />to Rick Bloomquist, subject to the following conditions: <br />1.Authorities granted by this resolution run with the property not with the <br />owners, but are permissive only and must be exercised by obtaining a building <br />permit within one year of the date of Council's approval, or the special <br />conditions of this resolution will expire on that date (September 11, 2001). <br />2.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 <br />misdemeanor. <br />Page 4 of 7 <br />1