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/ , . - • (( ip O,�. .� O =:. 140, CITY of ORONO 1. lr��Ayi G't RESOLUTION OF THE CITY COUNCIL l,4 ____ 9 � ' '��g� NO. 3 9 1 4 kESI;o b. The lot is considered both a corner lot and through lot that requires street setbacks from Bayside Road, Stubbs Bay Road and Eileen Street. 4. The Council fmds 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 properties, would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council fmds that granting a conditional use permit to allow the reconstruction of a garage will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above fmdings, the Orono City Council hereby grants variances and a conditional use permit to allow the garage to be reconstructed 9' from the property line where 50' is required per Municipal Zoning Code Sections 10.03, Subdivision 10; 10.23, Subdivision 6 (B); and 10.75, Subdivision 4 to reconstruct a 27.2'x25.9' detached garage on a through lot, subject to the following conditions: 1. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by application for a building permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (June 9, 1998). 2. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 4