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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />City Council has considered this application including <br />idings 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 />5. The City Counci 1 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 a 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 diffic-ilty; is <br />necessary to perserve a substantial property riqht ;.f the appli- <br />cant; and would be in keeping with the spirit and intent of the <br />Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND 04;DITONS <br />sed upon the above findings, the Orono City Council hereby <br />grants a .3ziance to Municipal Code Section 10.40, Subdivision 6 (E) <br />to permit the construction of a canopy structure 26 feet from the <br />right-of-way of Co.:nty Road No. 19 instead of the required 35 feet <br />subject to the following conditions: <br />1. Authorities granted by this variance run with the property <br />not with the applicant, but are permissive only and must be <br />exercised by >lication for a building permit within one year of <br />the date of -il approval, or this variance wil expire on that <br />date (April )86 ). <br />2. Violation of or non-compliance with any of the terms and <br />conditions of this variance shall constitute a violation of the <br />zoning code, shall automatically terminate any authority granted <br />herein, and shall be punishable as a misdemeanor. <br />3. The undersigned applicant has read, understood and hereby <br />agrees 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 />Adopted by the City Council on this 8th day of April, 1985. <br />ATTEST: <br />Dorothy M. Hal in, City Clerk Mary C. Butler, Mayor <br />