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4. <br />5. <br />The improvements to the existing residential accessory <br />structure do not reflect majority financial commitment <br />or permanence. <br />d) <br />e) <br />The property has been used residentia 1 ly since 1985. <br />There was never a legal commercial use approved nor <br />established on the property. <br />The structure has been used as an accessory storage <br />structure since 1985 and shall continue to be used as <br />an accessory storage structure under the proposed <br />residential ownership and use. <br />The City Council finds that the conditions existing on this <br />property are peculiar to it and do not apply generally to <br />other property in this zoning district; that granting the <br />variance would not adversely affect traffic conditions, <br />light, air nor pose a fire hazard or other danger to <br />neighboring property; would not merely serve as a <br />convenience to the applicant, but is necetsary to alleviate <br />a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicant; and <br />would be in keeping with the spirit and intent of the Zoning <br />Code and Comprehensive Plan of the City. <br />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 ^he <br />effect of the proposed variance on the health, safety and <br />welfare of the community. <br />O0HCLO8IONS, ORDER AND CONDITIONS <br />Based upon one or store of the above findings, the Orono City <br />Council hereby grants a variance to Municipal Zoning Code Section <br />10.03, Subdivision 5 (E) to allow the non-conforming accessory <br />residential use of a B-2 zoned property, subject to the following <br />conditions; <br />1.Applicant shall apply for the legal combination of che <br />property with applicant's adjacent homestead property. <br />Page 2 of 5