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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />7. The proposed addition will not encroach further into the <br />front yard setback than the existing house. <br />S. The City Council has considered this application in- <br />cluding the findings and recommendations of the Planning <br />Commission, reports by City staff, comments by the owner and <br />the effect of the proposed variance on the health, safety <br />and welfare of the community. <br />9. The City Council finds that the conditions existing on <br />this property are peculiar to it and do not apply generally <br />to other property in this zoning district: that granting <br />the variance would not adversely affect traffic conditions, <br />light, air nor pose a fire hazard or other danger to neigh- <br />boring property; would not merely serve as a convenience to <br />the owner, but is necessary to alleviate a demonstrable <br />hardship or difficulty; is necessary to preserve a substan- <br />tial property right of the owner; and would be in keeping <br />with the spirit and intent of the Zoning Code and Compre- <br />hensive Plan -,f the: City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council <br />hereby grants a vari:. i Municipal Zoning Code Section 10.28, <br />Subdivision 5 (B) t - ..it the construction an addition to a <br />home, which addition will be located 10.7 feet from the side <br />property line where a 30-foot side yard setback Js normally <br />required,and located 40 feet from the front property line where a <br />50-foot front yard setback is normally required, subject to the <br />following conditions: <br />1. The applicant shall proceed with the construction pro- <br />ject in a manner so as not to disturb the proper functioning <br />of the existing septic system, and shall connect to the <br />municipal sewer within the prescribed time period after the <br />sewer available for connection. <br />2. Au, horities granted by this variance run with the pro- <br />perty not with the owner, but. are permissive only and must <br />be exercised by application for a building permit within one <br />year of the date of Council approval, or this variance will <br />expire on that date (May 1.3, 1986). <br />3. Violation of or non-compliance with any of the terms and <br />conditions of this variance shell constitute a violation of <br />the zoning code, shell automatically terminate any authority <br />granted herein, and shall be punishable as a misdemeanor. <br />