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2. <br />V ■ <br />Granting the side setback variance would not result in further <br />encroachment upon the south side lot line. <br />4 The City Council finds that the conditions existmg on this property ^e peculiar <br />to it and do not apply geneially to other property in this zoning distnct; that <br />granting the variances would not adversely affect traffic conditions, light, air nor <br />^se 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 subs^tial <br />property right of the applicants; and would be in keeping with the spint and <br />intent of the Zoning Code and Comprehensive Plan of the City. <br />5 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 variance 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 a variance to Municipal Zoning Code Section 10.23, Subdivision 6(A) to allow a second <br />story addition over the existing residence that is located 12.4’ from the side lot line where 30 <br />is required. <br />1. Authorities granted by this variance run with the property not with the <br />applicants, but are permissive 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 that date (November 24, 1998). <br />2. Violation of or non-compliance with any of the terms and conditions of this <br />, variance 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.The undersigned applicants have read, understood and hereby agree to the terms of this <br />Page 2 of 5