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Furthermore, the Counci 1 voted in the same motion to a 1 low staf f to <br />issue a building permit to applicant prior to completion of the lot <br />line rearrangement subdivision, but only after the proper application, <br />submittals, and fees, for that application have been submitted. <br />6. 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 />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 <br />demonstrable hardship or difficulty; is necessary to preserve a <br />substantial property light of the applicant.; and would be in keeping <br />with the spirit and intent of the Zoning Code and Comprehensive Plan <br />of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby <br />grants a variance to the Municipal Zoning Code Section 10.55, Subdivision 8 <br />to permit the construction of a cantilevered deck that will encroach 4' <br />into the 26' wetland easement setback zone, subject to the following <br />conditions: <br />1. No front yard setback variance is granted, however, the applicant <br />will be allowed to construct the residence at his proposed location <br />subject to completion of a subdivision of a lot line rearrangement, <br />for the purpose of acquiring additional land so that the new lot line <br />will allow for the required 50' front setback. <br />2. Applicant will be issued a building permit only after thA complete <br />subdivision application and fees have been submitted to the City. <br />3. Applicant shall install and maintain appropriate erosion control <br />measures as may be required by the City inspector, during the <br />construction period. <br />4. Authorities granted by this variance run with the property not <br />with the applicant, but are permissive only and must be exercised by <br />application for a building permit within o.ie year of the date of <br />1 Council approval, or this variance will expire on that date (November <br />28, 1989). <br />Page 2 of 4 <br />