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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 />prope.ty 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 />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants an after-the-fact variance to <br />Municipal Zoning Code Section 10.03, Subdivision 15 (C) to permit the <br />construction of 4 entrance monuments at a 5' height placed 10* from <br />the traveled road subject to the following conditions: <br />1. Fencing to be installed between the two inner entrance <br />monuments shall not exceed a height of 3 1/2'. <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 (July 23, 1991). <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 />4. The undersigned ’applicant has read, understood and hereby <br />agrees to the terms of this resolution and on behalf of himself, <br />his heirs, successors and assigns, hereby agrees to the recording <br />of this resolution in the chain of title of the property. <br />Page 2 of 4