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4. 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 />5. 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 thir zoning district; that granting ’_he <br />variance wculd not ad/ersely affect traffic conditions, <br />light, air nor pose a fire hazard or other danger to <br />neighboring property; would nor 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 />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 />the Municipal Zoning Code Section 10.03, Subdivision 12 to permit <br />construction of the 64 square foot storage shed located 9.5* from <br />the existing residence where a 10* structure-to-structure setback <br />is normally required, subject to the following conditions: <br />1. Authorities granted by this resolution run with the <br />property not with the applicants, but are permissive only. <br />Violation of or non-compliance with any of the terms of this <br />variance shall constitute a violation of the zoning code, <br />shall automatically terminate any authority granted herein, <br />and shall be punishable as a misdemeanor. <br />2. The undersigned applicants have read, understood and <br />hereby agree to the terms of this resolution and on behalf <br />of themselves, their heirs, successors and assigns, hereby <br />agree to the recording of this resolution in the chain of <br />title of the property. <br />Page 2 of 4