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4. The City Council has considered this application including the <br />findings and recommendations of t',A Planni^g Commission, reports by <br />City staff, comments by the applicant and the effect of `he proposed <br />variances 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 qenerally to other <br />property in this zoning district; that granting the variances would <br />not adversely affect traffic conditions, light, air nor pose a fire <br />hazard or other danger to neighboring property; would not merely serve <br />as a 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 ',ntent of the Zoning Code and Comprehensive Plan <br />of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the Orono <br />City Council hereby grants variances per Municipal Zoning Code Section <br />10.03, Subdivision 15 (C) and Section 10.28, Subdivision 5 (B) to permit <br />the completion of the installation of in entrance gate to the property <br />allowing the gate to be 8' in height instead of meeting the allowed 3h' <br />height and setba:k 10.3' from the front/street lot lint instead of the <br />required 50', subject to the following conditions: <br />1. The applicant is placed on notice that if at some future time this <br />property is further developed, the 18' wide clearance of the gate will <br />not satisfy the row: design standards for a private road. <br />2. Lighting at the gate entrance must be directed downward and if an <br />open/direct lightin5 is to be installed, the intensity must be reduced <br />so as not to create a viewing problem for the users of the public <br />roadway. <br />3. Prior to completing the installation of the gate structure, the <br />applicant must obtain the required building permit from the City of <br />Orono. <br />4. Authorities granted 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, cr tnis variance will expire on that date (Sel.tember <br />28, 1989). <br />Page 2 of 4 <br />