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'’’be nearest adjacent residence is 80' to the <br />sout-*east and existing screening along the lot line <br />will minimize any visual impact on the neighboring <br />property, <br />B) The existing residence was constructed i.- 1966, <br />when this area was zoned for 1 acre minimum lot sizes, <br />requiring only 10* side setbacks. <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 <br />applicants and the effect of the proposed variance on the <br />health, safety and welfare of the community. <br />6. 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 />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 applicants, but is necessary to <br />alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right of the <br />applicants; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the <br />City. <br />CONCLOSIOMS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants a variance to Municipal Zoning <br />Code Section 10,28, Subdivision 5 (B} to permit the construction <br />of a room addition to be located 22.6* from the side lot line <br />where a 30* side setback is normally required, subject to the <br />following conditions: <br />1. Authorities granted by this resolution run with the <br />property not with the applicants, but are permissive only <br />and 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 (December 10, 1991), <br />2. 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