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6. <br />7. <br />A. The applicant's withdrew the request for variances to construct a fence. <br />The City 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 granting <br />the variance would not adversely affect traffic conditions, light, air, nor pose a fire <br />hazard or other danger to neighboring property; would not merely serve as a <br />convenience to the applicants, but is necessary to alleviate a demonstrable hardship <br />or difficulty; is necessary to preserve a substantial property right of the applicants; <br />and would be in keeping with the spirit and intent of the Zoning Code and <br />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 by <br />the applicants 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 grants <br />an average lakeshore yard variance to per Municipal Zoning Code Section 10.56, Subdivision <br />16(C)(6) to permit the construction of a 12' x 20' addition to the home, a 400 sq. ft. addition to the <br />existing deck, and the construction of an 28' x 56' inground pool surrounded by a deck, and denying <br />variances to construct a fence. Approval was sublet f-> the ft. :’ >wing conditions: <br />1.Authorities granted by this variance run with the property not with the applicants, but <br />are permissive only and must be exercised by application for a building permit within <br />one year of the date of Council approval, or this variance will expire on that date <br />(August 9,2000). <br />2.Violation of or non-compliance with any of the terms and conditions of this variance <br />shall constitute a violation of the zoning code, shall automatically terminate and <br />authority granted herein, and shall be punishable as a misdemeanor. <br />3.The undersigned applicants have read, understood and hereby agree to the terms of <br />this resolution and on behalf of themselves, their heirs, successors and assigns, <br />hereby agree to the recording of this resolution in the Chain of Title of the property. <br />Page 3 of 5 <br />4