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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 applicant <br />and the effect of the proposed variances on the health, <br />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 this zoning district; that granting the <br />variances 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 applicant, but is necessary to alleviate <br />a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicant; and <br />would be in keeping with the spirit and intent of the Zoning <br />Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants variances to the Municipal <br />Zoning Cc Section 10.22, Subdivision 1 to permit the <br />construction of a 4 foot wide trarn located within the 0-75' <br />setback area and A uncovered deck structure located within the <br />75-250' setback area, and denies the proposed gazebo, subject to <br />the following conditions: <br />1. The hardcover improvements proposed within the 250-500' <br />setback area exceed the allowed 1,166.4 squar, ,.eet ur 30% <br />with a total of 1,376 or 35%, the excess of 2�9.6 square <br />feet of hardcover shall be credited against total hardcover <br />within 75-250' setback area now adjusted at 3,798 square <br />feet or 22.8%. <br />2. Authorities granted by this resolution run with the <br />property not with the applicant, but are permissive only and <br />must be exercised by application for a build-ng permit <br />within one year of the date of Council approval, or this <br />variance will expire on that date (September 11, 1990). <br />3. 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 <br />