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� � . � ;�� Cit o� ORONO �' 3' �.z • �� `�'° RESOLUTION OF THE CITY COUNCIL � NO. 1674 • ' • �• e) The affected neighbors have all expressed approval o� the proposal and the proposal will enhance the neighborhood. f ) Proposal will improve drainage on the property. g) Proposal will give the neighbors better views. 4. The City Council has considered this application including the findings and recommendations of the Pianning Commission, reports by City staff, comments by . tY�e owner and the effect of the proposed variance on the health, safety and welfare of the community. � 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district: • ti�at granting the variance would not adversely affect t�affic conditions, light air nor pose a fire hazard or other hazard or other danger to neighboring property; would not merely serve as a convenience to the owner, b�t is necessary to alleviate a demonstrable hardship , or difficulty; is necessary to preserve a substantial property right of the owner; and would be in keeping with the spirit and intent of the Zoning Code and ' Comprehensive Plan of the City. Conclusions, Order and Conditions Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code SectiQn 10 . 44 , Subd 5 (D) and (E) to permit co�struction of a commercial building 10 f eet f rom the rear lot line instead of the 35 feet required, and approve a 10 foot rear yard instead of the 30 feet required, subject to the following conditions : 1. As per Orono Zoning code requirements, applicant is s�abject to a commercial �site plan review upon a�plication for a building permit. � 2. Applicant shalldesign the structure so asto eliminate the possibility of direct access to the roof by • neighborhood children. 3. Authorities granted by this variance run with the . property not with the owner, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date September 10 , 1985.