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r' ■> <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 property <br />right of the applicants; and would be in keeping with the spirit and intent of the <br />Zoning Code and Comprehensive Plan of the City. <br />6. 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 and <br />welfare of the community. <br />CONCLUSIONS, ORDER AND CONDF'»'!ONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (A), 1 (B) and 2 to <br />permit construction of a full second story addition granting setback and hardcover variances as <br />specified above, subject to the following conditions: <br />1.Prior to the final inspection by the Orono building staff of the second story <br />addition, the storage shed within the 75-250 ’ setback area at a 103 s.f. shall be <br />removed. Applicants’ contractor shall obtain the required demolition permit prior <br />to the removal of the structure. <br />2.Hardcover within the 0-75 ’ setback area shall remain at 1,064 s.f. or 28%. <br />Hardcover within the 75-250 ’ setback area has been approved at 2,876 s.f. or <br />32.1%. Hardcover within the 250-500 ’ setback area .shall remain at 1,450 s.f. <br />or 40%. <br />3.Authorities granted by this resolution 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 resolution <br />will expire on that date (December 12, 1995). <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 pumshable as a misdemeanor. <br />Page 3 of 5 <br />-‘•rrssr-