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4. The City Council has considered this application including the <br />findings and recommendations of the Planning Commission, reports by <br />City staff, comments by the applicant and the effect of the proposed <br />variance on the health, safety and welfare of the 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 would not <br />adversely affect traffic conditions, light, air nor pose a fire hazard <br />or other danger to neighboring property; would not merely serve as a <br />convenience to the applicant, but is necessary to alleviate a <br />demonstrable hardship or difficulty? is necessary to preserve a <br />substantial property right of the applicant? and would be in keeping <br />with the spirit and intent of the Zoning Code and Comprehensive Plan <br />of the City. <br />CONCLUSIONS, Or<DBR AND CONDITIONS <br />Based upon one or more of the findings noted above, the Orono <br />City Council hereby grants a variance to Municipal Zoning Code Section <br />10.27, Subdivision 5 (B) to permit the construction of a garage addition on <br />the north side of the existing residence requiring a 30* front sjtreet <br />setback variance and resulting in no further encroachment within the <br />substandarr! front street setback of the existing principal structure, <br />subject to the following conditions: <br />1. Author^txteS granted by this variance run with the property not <br />with the apv licant, but are permissive only and must be exercised by <br />application for a building permit within one year of the date of <br />Council approval, or this variance will expire on that date (February <br />27, 1990). <br />2. Violation of or non-compliance with any of the terms and <br />conditions of this variance shall constitute a violation of the zoning <br />code, shall automatically terminate any authority granted herein, and <br />shall be punishable as a misdemeanor. <br />3. The undersigned applicant has read, understood and hereby agpes <br />to the terms of this resolution and on behalf of himself, his heirs, <br />successors and assigns, hereby agrees to the recording of this <br />resolution in the chain of title of the property. <br />Page 2 of 4