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4. The City Council has considered this application including the <br />findings and recommendations of the Planning Commission, reports by <br />City staff, comments by the applicant and the effect of the proposed <br />variance 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 generally to other <br />I.rorerty in this zoning district; that granting tie variance would not <br />adversely affect traffic conditions, light, air for 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 Comrrehensive 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 after -the -fact variances to Municipal Zoning <br />Code Section 10.03, Subdivision 15 (C) and Section 10.28, Subdivision 5 (B) <br />to permit the construction of driveway ent . a..c_e monuments 5.5' in height <br />where such structures are nOL nally allowed to exceed 3.5' in height, <br />and which structures are less n 1' from the front property line where <br />such structures are normally regaired to be set back at least 50' from the <br />front property line, subject to the following conditions: <br />1. 'lpplicant is placed on notice that if at some future date light <br />fixtures are placed on top of the pillars, such lighting must be <br />directed downward and the intensity must be a level so as to not <br />create vision problems for the users of the public roadway. <br />2. Applicant shall obtain the appropriate after -the -fact building <br />permit for the pillars. <br />3. 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, or this v _iance will expire on that date (October <br />10, 1989). <br />4. Violation of or non-compliance with any of the terms and <br />conditions of this resoi-7tion shall constitute a violation of the <br />zoning code, shall auto tically terminate anY authority granted <br />herein, and shall be puniLiiable as a misdemeanor. <br />Page 21 of 4 <br />