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6. The City Council has considered this application including <br />the findings and recommendations of the Planning Commission, <br />reports by City staff, comments by the applicant and the effect <br />of the proposed variance on the health, safety and welfare of the <br />community. <br />7. 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 zoning district; that granting the variance <br />would not adversely affect 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 <br />applicant; and would be in keeping with the spirit and intent of <br />the Zoning Code and 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 the Municipal Zoning Code Section 10.03, <br />Subdivision 15 (C) and 10.03, Subdivision 9 (D) to permit the <br />construction of driveway entrance walls 6 feet in height in a front <br />yard area where the maximum fence or wall height normally allowed is <br />3.5 feet, and which constitute accessory structures in tilt front yard <br />where accessory structures are n t normally allowed, subject to the <br />follo-ing conditions: <br />1. Applicant shall obtain a building permit for the construction <br />of the walls. <br />2. Authorities granted by this variance run with the property <br />not with the applicant, but are permissive only and must be <br />exercised by application for a building permit within one year of <br />the date of Council approval, or this variance will expire on <br />that date (July 28, 1987). <br />3. Violation of or non-compliance with any of the terms and <br />conditions of this variance shall constitute a violation of the <br />zoning code, shall automatically terminate any authority granted <br />herein, and shall be punishable as a misdemeanor. <br />Page 2 of 4 <br />