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O O <br /> b - CITY of ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> �kEslao NO. 4005 <br /> 2. Granting the side setback variance would not result in further <br /> encroachment upon the south side lot line. <br /> 4. The City Council finds that the conditions existing on this property are peculiar <br /> to it and do riot apply generally to other property in this zoning district; that <br /> granting the variances 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 applicants, but is necessary to alleviate a <br /> demonstrable hardship or difficulty; is necessary to preserve a substantial <br /> property right of the applicants; and would be in keeping with the spirit and <br /> intent of the 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 applicants and the effect of the proposed variance on the health, safety <br /> and welfare of the community. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby <br /> grants a variance to Municipal Zoning Code Section 10.23, Subdivision 6(A) to allow a second <br /> story addition over the existing residence that is located 12.4' from the side lot line where 30' <br /> is required. <br /> 1. Authorities granted by this variance run with the property not with the <br /> applicants, but are permissive only and must be exercised by application for a <br /> building permit within one year of the date of Council approval, or this variance <br /> will expire on that date (November 24, 1998). <br /> 2. Violation of or non-compliance with any of the terms and conditions of this <br /> variance shall constitute a violation of the zoning code, shall automatically <br /> terminate any authority granted herein, and shall be punishable as a <br /> misdemeanor. <br /> 3. The undersigned applicants have read, understood and hereby agree to the terms of this <br /> Page 2 of 5 <br />