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It .• • c:v. 0.4,.N �- 1 CITY of ORONO 11�01� ti / i;^IMor G ;, RESOLUTION OF THE CITY COUNCIL 9 4 kESHD0 NO. 4 7 4 9 D. The shed is located over a rock bed and does not have a permanent foundation. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district;that granting the variances will not adversely affect traffic conditions,light,air,nor pose a fire hazard or other danger to neighboring property;would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 5,545 s.f. (27.9%) hardcover in the 75-250' lakeshore setback where 5,379 s.f. (27.1%)hardcover exists and 5,379 s.f. (25%)is allowed, for a 7'extension to the existing lakeside deck and to connect the deck with a 3 %2'X 25'walkway to a side entrance to the house;and Section 10.03, Subdivision 9 to permit a variance to permit a shed to be located 7'from the side property line where a 10' setback is required subject to the following conditions: 1. Authorities granted by the variances run with the property not with the applicants,but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (January 28, 2003). 2. Violation of or non-compliance with any of the terms and conditions of the variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned owners have read,understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 5