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u ' <br />5. <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 />The City Council has considered this application including t’le findings and <br />recommendations of the Planning Commission, reports by Cit> 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 the above findings, the Orono City Council hereby grants variances <br />to Mumcipal Zoning Code Sections 10.24, Subdivision 5 (B) and 10.03, Subdivision 9 (E) to <br />pemit the construction of a detached accessor)' storage garage located less than the required <br />35 side street setback and less than the 15' required lot line setback for the structure, subject <br />to the following conditions: <br />1. The garage shall be reduced in footprint area to 22'x37.5' or 825 s.f. <br />2. The garage shall be relocated to maintain a 10' setback from the side street <br />lot line. <br />3. <br />4. <br />Applicant shall provide a suitable grading plan and/or retaining wall plan <br />which must be approved by the City staff and the City Engineer prior to <br />issuance of the building permit for the garage. <br />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 ol the date of Council approval, or this variance will <br />expire on that date (June 23, 1998). <br />Page 3 of 5