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c) The existing house location and room layout a <br />hardships to the property which justify the granting of <br />variance. <br />are <br />a <br />4. The City Council has considered this application including <br />the findings and recommendations of the Planning Commission^ <br />reports by City staff, comments by the applicant and the effect <br />of the proposed variance on the health, safety and welfare of the <br />community. <br />5. The City Council finds that the conditions existing on this <br />property are peculiar to it and do not apply generally to other <br />property in this zoning district? that granting the variance <br />would not adversely affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property? would <br />not merely serve as a convenience to the applicant, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right of the <br />applicant; and would be in keeping with the spirit and intent of <br />the Zoning Code and Comprehensive Plan of the City. <br />CXMCLOSIOMS, ORDER AMD CONDITIONS <br />Based upon the above findings, the Orono City Council hereby <br />grants a variance to Municipal Zoning Code Section 10.24, Subdivision <br />5(B) to permit the construction of porch and room additions per the <br />proposed plan, allowing a front yard setback of 28' where a 35' front <br />yard setback would normally be required, subject to the following <br />conditions: <br />1. In granting this variance, it is the intent of the Council <br />that no further encroachments toward the road be allowed for this <br />property. <br />2. Authorities granted by this variance run with the property <br />not with the applicant, but are permissive only and must be <br />exercised by application for a building permit within one year of <br />the date of Council approval, or this variance will expire on <br />that date ( April 8, 1992). <br />3. Violation of or non-compliance with any of the terms and <br />conditions of this variance shall constitute a violation of the <br />zoning code, shall automatically terminate any authority granted <br />herein, and shall be punishable as a misdemeanor. <br />Page 2 of 4 <br />*