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City of ORONO <br />RESOLUrION OF THE CITY COUNCIL <br />NO. <br />A) a house had existed on the property for over 40 <br />years. <br />B) Septic tests confirm the property can sustain a <br />principal and alternate on -site septic system. <br />C) The continued residential use of the property is <br />the only reasonable use. <br />D) The adjacent properties are developed. <br />4. The City Council has considered this application <br />including the findings and recommendations of the Planning <br />Commission, reports by City staff, comments by the applicant <br />and the effect of the proposed variance on the health, <br />safety and welfare of the community. <br />5. 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 the <br />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 applicant, but is necessary to alleviate a demonstrable <br />hardship or difficulty; is necessary to preserve a sub- <br />stantial property right of the applicant; and would be in <br />keeping with the spirit and intent of the Zoning Code and <br />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 Municipal Zoning Code Section 10.23, <br />Subdivision 6 (B) to permit the construction of a new residence <br />on the property ) ocated at 1200 Bracketts Point Road subject to <br />the following conditions: <br />1. Authorities g-anted by this variance run with the <br />property not with th, applicant, but are permissive only and <br />must be exercised by application for a building permit <br />within one year of the date of Council approval, or this <br />variance will expire on that date (August 26, 1986). <br />2. Violation of or non-compliance with any of the terms and <br />conditions of this variance shall constitute a violation of <br />the zoning code, shall automatically terminate any authority <br />granted herein, and shall he punishable as a misdemeanor. <br />I,age 2 of 4 <br />