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4. The City Council has considered this application <br />including the findings and recommendations of the Planning <br />Commission, reports by City staff, comments by the applicant <br />and the effect of the proposed variances on the health, <br />safety and welfare of the community. <br />5. The City Council finds that the conditions existing on <br />this property are peculiar to it and do not apply generally <br />to other property in this zoning district; that granting the <br />variances 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 necessary 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 />CONCLDSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants variances to Municipal Zoning <br />Code Section 10.75, Subdivision 4 (B) and Section 10.03, <br />Subdivision 15 (C) to permit the installation of privacy fencing <br />at a 5'+ height to be installed within the front yards of the <br />through lot adjacent to Briar Street and Arbor Street, subject to <br />the following conditions; <br />1. Authorities granted by this resolution run with the <br />property not with the applicant, but are permissive only and <br />must be exercised by application for a building permit <br />within one year of the date of Council approval, or this <br />variance will expire on that date (July 23, 1991). <br />2. Violation of or non-compliance with any of the terms and <br />conditions of this variance shall constitute a viol ‘*'^n of <br />the zoning code, shall automatically terminate any auLVc^rity <br />granted herein, and shall be punishable as a misdemeanor. <br />3. The undersigned applicant has read, understood and <br />hereby agrees to the terms of this resolution and on behalf <br />of himself, his heirs, successors and assigns, hereby agrees <br />to the recording of this resolution in the chain of title of <br />the property. <br />Page 2 of 4