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5. <br />6. <br />The City Council finds that the conditions existing on this property arc peculiar <br />to it and do not apply generally to other property in this zoning district; that <br />granting the variances would not adversely affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property; would not merely <br />serve as a convenience to the applicants, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to preserve a substantial <br />property right of the applicants; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the City. <br />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 applicants and the effect of the proposed variances on the health, safety <br />and 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 10.56, Subdivision 16 (C) (1) to permit a <br />pool and associated patio structure within the 150' setback of French Lake, a Natural <br />Environment Lake, where no structure is normally allowed, and Section 10.32, Planned <br />Residential Development, to permit a 28' rear yard setback where 35' was established by <br />Resolution 1692. Approval was subject to the following conditions: <br />1. <br />2. <br />Authorities granted by this variance run with the property not with the <br />applicants, but are pemiissive only and must be exercised by application for a <br />building permit within one year of the date of Council approval, or this variance <br />will expire on tha* date (February 22, 2000). <br />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 />3.1 he undersigned applicants have read, understood and hereby agree to the terms <br />of this resolution and on behalf of themselves, their heirs, successors and <br />assigns, hereby agree to the recording of this resolutio n in the chain of title of <br />the property. <br />Page 3 of 5