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� O ' Y <br /> O O <br /> CITY of ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> \�9kESHOg� NO. `3 3 <br /> 4. The City Council finds that the conditions existing on this property are peculiar <br /> to it and do not apply generally to other property in this zoning district; that <br /> granting the variance 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 appli�ant, but is necessary to alleviate a <br /> demonstrable hardship or difficulty; is necessary to preserve a substantial <br /> property right of the applicant; 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 applicant and the effect of the proposed variance on the health, safety and <br /> 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 Lakeshore setback variance of 4' per Municipal Zoning Code Section 10.22, Subdivision <br /> 1 to allow an exercise room to be added under an existing deck that encroaches 4' within the <br /> required 75' Lakeshore setback, subject to the following conditions: <br /> 1. Authorities granted by this variance run with the property not with the applicant, <br /> but are permissive only and must be exercised by application for a building <br /> permit within one year of the date of Council approval, or this variance will <br /> expire on that date (June 9, 1998). <br /> 2. 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 shall be punishable as a <br /> misdemeanor. <br /> 3. The undersigned applicant has read, understood and hereby agrees to the terms <br /> of this resolution and on behalf of himself, his heirs, successors and assigns, <br /> hereby agrees to the recording of this resolution in the chain of title of the <br /> property. <br /> Page 2 of 5 <br />