04-09-1990 Council Packet - Laserfiche WebLink

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5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (A) to permit the residence currently under construction to retain third story not approved in the original building plans resulting in an overall height of 33'6” instead of the allowed height of 30', subject to the following conditions: 1. Applicant shall apply for an amended building permit to include all additional improvements. 2. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 9, 1991). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation cf the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their he.irs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 2 of 4