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O O <br /> b. CITY of ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> lkEsHoj NO. 4788 <br /> 5. The City Council finds that the conditions existing on this property are <br /> peculiar to it and do not apply generally to other property in this zoning <br /> district; that granting the variances would not adversely affect traffic <br /> conditions, light, air nor pose a fire hazard or other danger to neighboring <br /> property; would not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate a demonstrable hardship or difficulty; is <br /> necessary to preserve a substantial property right of the applicant; and <br /> would be in keeping with the spirit and intent of the Zoning Code and <br /> Comprehensive Plan of the City. <br /> 6. The City Council has considered this application including the findings <br /> and recommendations of the Planning Commission, reports by City staff, <br /> comments by the applicant and the effect of the proposed variance on the <br /> health, safety and welfare of the community. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council <br /> hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 and <br /> Section 10.56, Subdivision 16 (C) (6) to permit an expansion of the roof line and <br /> raising the roof within 75' of the lakeshore; and denies variances to Section 10.22, <br /> Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit additional hardcover <br /> within the 75-250' lakeshore setback over 25% and to Section 10.03, Subdivision 14 (C) <br /> to permit additional structure over 15% on the property, subject to the following <br /> conditions: <br /> 1. Authorities granted by this variance run with the property not with the <br /> applicant, but are permissive only and must be exercised by application <br /> for a building permit within one year of the date of Council approval, or <br /> this variance will expire on that date (April 22, 2003). <br /> 2. Violation of or non-compliance with any of the terms and conditions of <br /> this variance shall constitute a violation of the zoning code, shall <br /> automatically terminate any authority granted herein, and shall be <br /> punishable as a misdemeanor. <br /> Page 3 of 6 <br />