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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />No. 4868 <br />B. The property can be developed without the need for further variances. <br />C. The lot size is consistent with that of other developed properties in the <br />neighborhood. <br />4. The City Council finds that the conditions existing on this property are peculiar to it <br />and do not apply generally to other property in this zoning district; that granting the <br />variance will not adversely affect traffic conditions, light, air, nor pose a fire hazard <br />or other danger to neighboring property; would not merely serve as a convenience to <br />the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right of the applicant; and would be in <br />keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the <br />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 by <br />the applicant and the effect of the proposed variances 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 grants a <br />variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to allow new residential <br />construction on a 1.64 acre lot where 2 acres is required in the RR-1B zoning district. Approval is <br />subject to the following conditions: <br />1. Council approval is based on residence meeting all setbacks, height, lot coverage by <br />structures and sewer being available to the property or an approved primary and <br />alternate septic site prior to issuance of a building permit. <br />2. Authorities granted by this variance run with the property not with the applicant, but <br />are percussive only and must be exercised by application for a building permit within <br />one year of the date of Council approval, or these variances will expire on that date <br />(September 23, 2003). <br />3. Violation of or non-compliance with any of the terms and conditions of this variance <br />shall constitute a violation of the zoning code, shall automatically terminate any <br />authority granted herein, and shall be punishable as a misdemeanor. <br />2 of 5 <br />