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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 2060 <br />5. The City Council has considered this application including <br />the findings and recommendations of the Planning Commission, <br />reports by City staff, comments by the applicant and the effect <br />of the! proposed variance on the health, safety and welfare of the <br />community. <br />6. 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 <br />would not adversely affect traffic conditions, light, air nor <br />pose it fire hazard or other danger to neighboring property; would <br />not merely serve as a convenience to the applicant, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right of the <br />applicant; and would be in keeping wit;, the spirit and intent of <br />the Zoning Code and Comprehensive Plan 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 10.23, <br />Subdivision 6 (B) to permit the construction of a room addition to be <br />located 19.9 feast from the side lot line where a 30 foot side yard <br />setback is normally, subject to the following conditions: <br />1. The applicant is advised that the currently proposed room <br />addition may not be constructed or mo9ified to be higher than the <br />peak height of the roof of the existing house, without an <br />additional variance review. <br />2. Authorities granted by this variance run with the property <br />not with the applicant, but are permissive only and must be <br />exercised by application for a building permit within one year of <br />the date of Council approval, or this variance will expire on <br />that gate (October 13, 1987). <br />3. Violation of or non-compliance with any of the terms and <br />conditions of this variance shall constitute a violation of the <br />zoning cc>de, shall automatically terminate any authority granted <br />hereir►, and shall be punishable as a misdemeanor. <br />4. TI•e undersigned applicant has read, understood and hereby <br />agree[; to the terms of this resolution and on behalf of himself, <br />his heirs, successors and assigns, hereby agrees to the recording <br />of this resolution in the chain of title of the property. <br />Page 2 of 4 <br />