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City of ORONO <br />' RESOLUTION OF THE CITY COUNCIL <br />I7 NO. 2252 <br />7. 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 demon- <br />strable hardship or difficulty; is necessary to preserve a substantial <br />property right of the applicant; and would be in keeping with the <br />spirit and 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 Orono <br />City Council hereby grants a variance per Municipal Zoning Code Section <br />10.03, Subdivision 15 (F) to permit the construction of a detached garage <br />located 4.6 feet from the side lot line where a 10' side setback is <br />normally required, subject to the following conditions: <br />1. The garage shall be located as shown on the attached Exhibit B, <br />the northwesterly corner of the garage to be no less than 4.6' from <br />the established lot line, and the northeasterly corner shall be no <br />less than 6.4' from the lot line, as represented by the site plan <br />provided by the applicant. <br />2. Applicants surveyor shall stake the established north lot line if <br />the property so that the City Inspector can verify the garage setba(.ks <br />prior to footing or garage slab construction. <br />3. A building permit shall not be issued for the garago. ;,-Itil such <br />time that applicant and the affected neighboring property owner, Mrs. <br />Golden, have completed the required subdivision of a lot line <br />rearrangement to legally establish their agreed -upon lot line <br />location. <br />4. Authorities gr.-.nted with this resolution run with the property not <br />with the applicants, 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 (September <br />14, 1988). <br />5. Violation of or non-compliance with any of the terms and <br />conditions of this resolution shall constitute a violation of the <br />zoning code, shall automatically terminate any authority granted <br />herein, and shall be punishable as a misdemeanor. <br />6. The undersigned applicants have read, understood and hereby agree <br />to the terms of this resolution and on behalf of themselves, their <br />heirs, successors and assigns, hereby agree to the recordinq of this <br />resolution in the chain of title of the property. <br />Page 2 of 4 <br />