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D) The existing bituminou*^ drive and back out apron are <br />required to maintain safe access to the adjacent County <br />Road. <br />4. 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 <br />intent of the Zoning Code and Comprehensive Plan of the <br />City. <br />5. The City Council has considered this application including <br />the findings and recommendations of the Plai .ing Commission, <br />reports by City staff, comments by the appjicant and the effect <br />of the proposed variance on the health, safety and welfare of the <br />community. <br />COMCLDSIOMS, ORDER AMD CONDITIONS <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants a variance to Municipal Zoning Code <br />Section 10.22, Subdivision 1 (B) that would approve the average <br />lakeshore setback variance of 1-1/2' for the proposed addition and <br />approves a hardcover variance to allow 5,829 square feet or 25.5% <br />hardcover within the 75-250* setback area, subject to the following <br />conditions: <br />1. Applicant shall remove a shed consisting of 168 square feet <br />within the 75-250' setback area. Such removal to be confirmed by <br />the BuaIding Inspector at the time of the footing inspection for <br />the new addition. <br />2. Authorities granted by this resolution run with the property <br />not with the applicant, but are permissive only and must be <br />exercised by application for a builling permit within one year of <br />the date of Council approval, or this variance will expire on <br />that date (December 10, 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 />L