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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 and <br />welfare of the community. <br />6. 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 />pc^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 preserv'e a substantial propeny <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 />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby grants a variance <br />to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit the construction of a <br />10’xl6’ accessory shed located nearer the front lot line than the principal residence building on <br />the property, subject to the following conditions: <br />1. <br />2. <br />3. <br />Authorities granted by this variance run with the property not with the owners, <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 28, 1994). <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 punishable as a misdemeanor. <br />The undersigned applicants have read, understood and hereby agree to the terms <br />of this resolution and on behalf of themselves, their heirs, successors and assigns, <br />hereby acree to the recording of this resolution in the chain of title of the <br />property. <br />Pace 3 of 5