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C. The addition will extend no closer to street lot line than existing residence. <br />D. <br />1-. <br />1 he steeper sloping topographies to the rear would require major filling <br />if structure was to be moved further away from the street and still be <br />installed as an attached garage. <br />There has never been a vehicular accident resulting from the use of the <br />garage at this street setback. <br />4. The City Council finds that ihe 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 \ariance would not adversely affect traffic conditiorLs, light, air nor <br />pose a fire hazard or other danger to neighboring prope.ny; 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 property <br />right of the applicant; atid would be in keeping with the spirit and intent of the <br />Zoning Code and Comprehensive Plan of the City. <br />5. The City Council has considered uns application including 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 the health, safety and <br />welfare of the community. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted ab<»ve, the Orono City Council <br />hereby grants a variance to Municipal Zoning Code Section 10.2,'^. Subdivision 5 (B) to permit <br />cimstruction of a 1U‘ x 24’ 8" addition to the north side of the principal struciurc to be located <br />27* 3 ” from the street lot line with a setback variance at 22’ 7” or 45.5%, subject to the <br />follow ing conditions: <br />1. Authorities granted by this resolution run with the property not with the applicimt, <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 (September 27. 1994). <br />2. V'iolalion of or non-compliance with any of the terms and conditions of this <br />tesolution shall constitute a violation of the ziniing code, shall automatically <br />terminate any authi rity granted herein, and shall be punishable as a misdemeanor. <br />I*age 2 of 4