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�o�o <br /> C ITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> ��'!,9 �,�'� N�. 6 � � � <br /> kESHO� <br /> 6. The City Council finds that the conditions existing on this Property are peculiar to <br /> it and do not apply generally to other property in this zoning district; that granting <br /> the variance would not adversely affect traffic conditions, light, air nor pose a fire <br /> hazard or other danger to neighboring property; would not merely serve as a <br /> convenience to the Applicants, but is necessary to alleviate a practical difficulty; <br /> is necessary to preserve a substantial property right of the Applicants; and would <br /> be in keeping with the spirit and intent of the Zoning Code and Comprehensive <br /> Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a <br /> variance to Orono Municipal Zoning Code Section 78-1279(6) to allow construction of a <br /> residence on the Property encroaching lakeward of the defined Average Lakeshore Setback Line <br /> where no such encroachment is normally allowed, subject to the following conclusions and <br /> conditions: <br /> l. Council approval is based on the survey/site plan and preliminary building plans <br /> submitted by the Applicants and annotated by City staff, attached to this <br /> Resolution as Exhibits A and B. Any amendments to the plans which are not in <br /> conformity with City codes will require further City Council review. <br /> 2. This variance approval is predicated on the Applicants submitting final grading <br /> and building plans for staff review and approval confirming that the proposed <br /> house meets the 2-1/2 story and 30' height limitations of the zoning code. <br /> 3. A building permit shall not be issued until the lift station cover in Elmwood <br /> Avenue has been replaced for drivability at the Applicants' expense, subject to <br /> final approval of the City Engineer. <br /> 4. Authorities granted by this resolution run with the Property, not with the <br /> Applicants, but are permissive only and must be exercised by obtaining a building <br /> permit for the new construction and commencing construction of said project. A <br /> framing inspection must be completed within one year of the date of Council <br /> approval, or the variance will expire on that date (September 22, 2015). <br /> 5. Violation of, or non-compliance with, any of the terms and conditions of this <br /> resolution shall constitute a violation of the zoning code, shall automatically <br /> terminate any authority granted herein, and may be punishable as a misdemeanor. <br /> Page 5 of 9 <br /> i�a2s6�2 <br />