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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 3 9] 4 <br />b. The lot is considered both a corner lot and through lot that requires street <br />setbacks from Bayside Road, Stubbs Bay Road and Eileen Street. <br />4. The Council finds that the conditions existing on this property are peculiar to it and <br />do not apply generally to other property in this zoning district; that granting the <br />variance would not adversely affect traffic conditions, light, air nor pose a fire <br />hazard or other danger to neighboring properties, would not merely serve as a <br />convenience to the applicants, but is necessary to alleviate a demonstrable hardship <br />or difficulty; is necessary to preserve a substantial property right of the applicant; <br />and would be in keeping with the spirit and intent of the Zoning Code and <br />Comprehensive Plan of the City. <br />5. The City Council finds that granting a conditional use permit to allow the <br />reconstruction of a garage will not be detrimental to the health, safety or general <br />welfare of the public, would not adversely affect light, air nor pose a fire hazard <br />or other danger to neighboring property, nor will its use depreciate surrounding <br />property values and that the proposed level of use of the property will be in <br />keeping with the intent and objectives of the Zoning Code and Comprehensive Plan <br />of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants variances and a conditional use permit to allow the garage to be reconstructed 9' from the <br />property line where 50' is required per Municipal Zoning Code Sections 10.03, Subdivision 10; <br />10.23, Subdivision 6 (B); and 10.75, Subdivision 4 to reconstruct a 27.2'x25.9' detached garage <br />on a through lot, subject to the following conditions: <br />1. Authorities granted by this resolution run with the property not with the owners, <br />but are permissive only and must be exercised by application for a building permit <br />within one year of the date of Council's approval, or the special conditions of this <br />resolution will expire on that date (June 9, 1998). <br />2. Violation of or non-compliance with any of the terms and conditions of this <br />resolution shall constitute a violation of the Zoning Code, shall automatically <br />terminate any authority granted herein, and shall be punishable as a misdemeanor. <br />Page 2 of 4