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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />C. Placement of the garage within the hill minimizes the impact of the <br />structure within the street yard. <br />D. The City has received no negative comments from adjacent property <br />owners. <br />4. The City Council finds that the conditions existing on this property are peculiar <br />to it and do not apply generally to other property in this zoning district; that <br />granting the variance would not adversely affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property; would not merely <br />serve as a convenience to the applicant, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to preserve a substantial property <br />right of the applicant; and would be in keeping with the spirit and intent of the <br />Zoning Code and Comprehensive Plan of the City. <br />5. The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments <br />by the applicant and the effect of the proposed variance on the health, safety and <br />welfare of the community. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the Orono City Council <br />hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (B) to permit <br />the reconstruction of a detached garage within the street yard of the property to be placed in <br />front of the front line of the residence structure where no such encroachment is allowed, subject <br />to the following conditions: <br />1. Priot to City issuing a building permit for construction, applicant shall apply for <br />the legal combination of Lot 30, Lot 33 and Lot 35 except the north 6 feet <br />thereof, Auditor's Subdivision No. 203, Hennepin County, Minnesota. <br />2. Authorities granted by this variance run with the property not with the applicant, <br />but are permissive only and must be exercised by application for a building <br />permit within one year of the date of Council approval, or this variance will <br />expire on that date (October 11, 1994). <br />Page 2 of 4 <br />fofm5005 Disk Orono