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� ���� �� ��,��� <br /> � <br /> -- �� RESOLUTION OF THE CITY COUNCIL <br /> � NO. 2883 <br /> • ' • i <br /> 4. The City Counci 1 f inds 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 /> variance 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 /> wou ld be in keeping with the spirit and intent of the Zoning <br /> Code and Comprehensive Plan of the City. <br /> 5 . 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 variance on the health, <br /> safety and welfare of the community. <br /> CONCLDSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the findings noted above, the <br /> Orono City Council hereby grants an after-the-fact variance to <br /> Municipal Zoning Code Section 10.28, Subdivision 5 (BI to permit <br /> the construction of an addition to the existing garage that will <br /> be located 6' 4" from the north side lot line instead of the <br /> required 30' , subject to the following conditions: <br /> 1. Based on the substandard setback of the north wall of <br /> the attached garage, a f ire wa 1 1 sha 1 1 be insta 11 ed a long <br /> the north side of the existing garage and proposed addition. <br /> 2. Applicant shall obtain a building permit for the <br /> proposed addition to the existing attached garage. Such <br /> permit shall not be subject to penalty fees. <br /> 3. Authorities granted by this resolution run with the <br /> property not with the applicant, but are permissive only and <br /> must be exercised by application for a building permit <br /> within one year of the date of Council approval , or this <br /> variance will expire on that date (October 8, 1991). <br /> 4. 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 /> Page 2 of 4 � <br /> I <br />