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d. The improvement would be consistent with similar <br />improvement projects of adjacent properties consistent in <br />size. <br />e. The property is served with sewer. <br />4. 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 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 />property 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 />CONCLOSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City <br />Council hereby grants variances to the Municipal Zoning Code Section <br />10.28, Subdivision 5 (B) to permit construction of an addition to the <br />north side of the house requiring street setback variances to both <br />South Brown Road (County Road 146) and Arbor Street, subject to the <br />following conditions: <br />1. Applicant is advised that a building permit will be required <br />for grade level deck. Applicant shall provide a survey locating <br />deck on property and building plans for deck construction. <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 (October 22, 1991). <br />Page 2 of 4