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i-- �� � o 0 ��, CITY of ORONO a � �� G'� RESOLUTION OF THE CITY COUNCIL �9kESH04'� NO. 4 3 � `� � A The applicant's withdrew the request for variances to construct a fence. 6. 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 variance would not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a con�-enience to th� applicants, but is necessary*o allc:�iate a�'emo�strable rardship 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. 7. 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 an average lakeshore yard variance per Municipal Zoning Code Section 10.56, Subdivision 16(C)(6) to permit the construction of a 12' x 20' addition to the home, a 400 sq. ft. addition to the existing deck, and the construction of a 28'x 56'inground pool surrounded by a deck, and denying variances to construct a fence. Approval was subject to the following conditions: 1. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application foi a building permit within one year af t'r.e date af Cour.c:l approva�, or this v�riar�ce �tri!1 ��pire on tl��at date (August 9, 2000). 2. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate and authority granted herein, and sha11 be punishable as a misdemeanor. 3. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agee to the recording of this resolution in the Chain of Title of the property. Page 3 of 5