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0 0 <br /> b - CITY of ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> �9kESH0�� NO. eS 9 7 8 <br /> by the applicant and the effect of the proposed variance on the health, safety and <br /> welfare of the community. <br /> 6. 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 applicant, 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 /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon the above findings, the Orono City Council hereby grants a variance <br /> to Municipal Zoning Code Sections 10.55, Subdivision 8 and 10.56, Subdivision 16 (C)(5) to <br /> allow the replacement of an existing fence within the right-of-way of West Ferndale Road <br /> within 75' of the lakeshore where no fences are normally allowed; and grants permission per <br /> Section 6.07, Subdivision 1 for placement of such fence within the public right-of-way, and <br /> specifically denies a variance to Section 10.03 Subd. 15(C) for fence height, subject to the <br /> following conditions: <br /> 1. No portion of the fence shall exceed 3-1/2' in height above pre-existing grade. <br /> 2. All portions of the fence shall be located at least 12' from the existing pavement <br /> of West Ferndale Road. <br /> 3. Applicant shall execute a hold harmless agreement, relieving the City from any <br /> responsibility for damage to or maintenance of said fence located in the City <br /> right-of-way. <br /> 4. 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 (October 13, 1998). <br /> Page 3 of 6 <br />