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v • City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1754 7. The proposed addition will not encroach further into the front. yard setback than the existing house. 8. The City Council has considered this application in- cluding the findings and recommendations of the Planning Commission, reports by City staff, comments by the owner and the effect of the proposed variance on the health, safety and welfare of the community. 9. 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 neigh- boring property; would not merely serve as a convenience to the owner, but is necessary to alleviate a demonstrable hardship or difficulty; i,: necessary to prrserve a substan- tial property right of the owner; and would be in keeping with the spirit and intent of the Zoning Code and Compre- hensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction an addition to a home, which addition will be located 10.7 feet from the side property line where a 30-foot side yard setback is normally required,and located 40 feet from the front property line where a 50-foot front yard setback is normally required, subject to the following conditions: 1. The applicant shall proceed with the construction pro- ject in a manner so as not to disturb the proper functioning of the existing septic system, and shall connect to the municipal sewer within the prescribed time period after the sewer is available for connection. 2. Authorities granted by this variance run with the pro- perty not with the owner, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (May 13, 1986). 3. 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 any authority granted herein, and shall he punishable ar, a misdemeanor. Page 2 of 4