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r <br /> R � � <br /> � •. <br /> Cit o� ORONO <br /> � <br /> o� - RESOLUTION OF THE CITY COUNCIL <br /> • NO. 2838 <br /> e - • s <br /> 4 . The City Council has considered this application <br /> including the findings and recommendations of the Planning <br /> Commission, reports by City staff, comments by the applicant <br /> and the effect of the proposed variances on the health, <br /> safety and welfare of the community. <br /> 5. The City Council finds that the conditions existing on <br /> this property are peculiar to it and do not apply generally <br /> to other property in this zoning district; that granting the <br /> variances would not adversely affect traffic conditions, <br /> light , air nor pose a fire hazard or other danger to <br /> neighboring property ; would not merely serve as a <br /> convenience to the applicant, but is necessary to alleviate <br /> a demonstrable hardship or difficulty; is necessary to <br /> preserve a substantial property right of the applicant; and <br /> would be in keeping with the spirit and intent of the Zoning <br /> Code and Comprehensive Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the findings noted above, the <br /> Orono City Council hereby grants variances to Municipal Zoning <br /> Code Section 10 .75 , Subdivision 4 ( B ) and Section 10 . 03 , <br /> Subdivision 15 (C) to permit the installation of privacy fencing <br /> at a 5'+ height to be installed within the front yards of the <br /> through lot adjacent tv Briar Street and Arbor Street, subject to <br /> the following conditions : <br /> l. Applicant/owner has agreed to omit every other picket <br /> leaving an open space in its place in order to minimize <br /> visual impact of privacy fencing. <br /> 2. Authorities granted by this resolution run with the <br /> property not with the applicant, but are permissive only and <br /> must be exercised by installing the fencing within one year <br /> of the date of Council approval , or this variance will <br /> expire on that date (July 23, 1991). <br /> 3. Violation of or non-compliance with any of the terms and <br /> conditions of this variance shall constitute a violation of <br /> the zoning code, shall automatically terminate any authority <br /> granted herein, and shall be punishable as a misdemeanor. <br /> 4. The undersigned applicant has read, understood and <br /> hereby agrees to the terms of this resolution and on behalf <br /> of himself, his heirs, successors and assigns, hereby agrees <br /> to the recording of this resolution in the chain of title of <br /> the property. <br /> Page 2 of 4 <br />