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� �� O 4 • � g C ITY of ORONO � -- -. � , ti ti RESOLUTION OF THE CITY COUNCtL ��`�kEsKOg'�G rvo. � 2 3 � . 7. The City Council has considered this application including the findings . and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 8. The City Council finds that the conditions existing on this property are � peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants,but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. • CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Cotulcil hereby grants a variance to Orono Municipal Zoning Code Section 78-1435 to allow a 1,200 square foot accessory building to be located in the northeastern corner of the lot, in a location where the building will be located closer to the street or front lot line than the principal building, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and � annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Prior to issuance of a building permit, the applicant must submit an opinion letter � from his attorney on whether the property owner has the legal right to construct the proposed accessory building. An acceptance letter from the home owner's association would be acceptable in place of an attorney's opinion. 3. Authorities granted by this resolution run with the property not with the. applicants, but are permissive only and must be exercised by obtaining a building pernut for the new construction within one year of the date of Council approval, • or the variance will expire on that date (October 25, 2005). Page 3 of 6