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r <br />4.The City Council finds that the conditions existing on this property are peculiar <br />to it and do not apply generally to other property in this zoning district; that <br />granting the variance 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 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 includ.'ng 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 ti;** 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 a lakeshore setback variance of 4' per Municipal Zoning Code Section 10.22, Subdivision <br />1 to allow an exercise room to be added under an existing deck that encroaches 4' with the <br />required 75' lakeshore setback, subject to the following conditions: <br />1.Authorities granted by this variance run with the property not with the applicant, <br />but are permissive only and must be exercised by application for a building <br />permit within one year of the date of Council approval, or this variance will <br />expire on that date (June 9, 1998). <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 />The undersigned applicant has read, understood and hereby agrees to the terms <br />of this resolution and on behalf of himself, his heirs, successors and assigns, <br />hereby agrees to the recording of this resolution in the chain of title of the <br />property. <br />Page 2 of 5 <br />i