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4. 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 di3trict; 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 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 />5. 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 variance on the health# <br />safety and welfare of the community. <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 10.28# Subdivision 5 (B) to permit <br />the construction of an addition to the existing garage that will <br />be located 6'4" from the north side lot line instead of the <br />required 30'# subject to the following conditions: <br />1. Based on the substandard setback of the north wall of <br />the attached garage# a fire wall shall be installed along <br />the north side of the existing garage and proposed addition. <br />2. Applicant shall obtain a building permit subject to <br />penalty fees for work previously conducted without the <br />benefit of a building permit. <br />3. 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 (October 8# 1991). <br />4. Violation of or non-compliance with any of the terms and <br />conditions of this variance shall constitute a violation of <br />the zoning code# shall automatically terminate any authority <br />granted herein# and shall be punishable as a misdemeanor. <br />Page 2 of 4