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Cite of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />4. The City Council has considered this application inc.Luding the <br />findings and recommendations of. :.he Orono staff and the effect of <br />the proposed variance on the health, safety and welfare of the <br />community. <br />5. 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 zone ng district; that granting the varian._ <br />would not adversely effect 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 difficulty; is <br />necessary to preserve a substantial property right of the appli- <br />cant; and would be in keeping with the spirit and intent of the <br />Zoning Code and Comprehensive Plan c` the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Oror,o City Cenci 1 hereby <br />grants a variance to the Municipal Zoning Code Section 10.28, Sub- <br />division 5 (B), to permitthe construction of an attached garage <br />located 11 feet from the northerly side lot line where a 30-foot <br />setback is normally required subject to the following conditions: <br />1. An easement for setback and open space r-a noses shall be <br />granted over L,ot 3 in favor of Lot 4, sue, •cement to he <br />recorded in the chain of title cf both properties by the <br />applicant. <br />2. Authorities granted by this variance run with the property <br />not with the applicant, but are permissive only. The applicant <br />may proceed with construction per the current Buildinq Permit No. <br />2135 dated March 11, 1985. <br />2. Violrtiol. or non-compliance with any of the terms and <br />conditions o: * variance shall constitute a violation of the <br />zoninq code, hall automatically terminate any authority granted <br />herein, and shall be punishable as a misdemeanor. <br />Page 2 of 4 <br />