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� ' , . � . Cit� of ORONO d • _ RESOLUTION OF�THE CITY COUNCIL , � � NO.. 1745 � • � • • - . e City Council has considered this application including e findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety arid welfare of the community. . 5. The City Counci�l finds that the conditions existing on t:�is property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard '�or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to perserve a substantial property right of the appli- cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLIISIONS, ORDER AND CONDITONS • Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Code Section 10.40, Subdivision 6 (E) to permit the construction of a canopy structure 26 feet from the right-of-way of Coanty Road No. 19 instead of the required 35 feet subject to the following conditions: 1. Authorities granted by this variance run with the property not with the applicant, but are permissive on�y and must be exercised by application for a building permit within one year of the date of Council approval, or this variance wil expire on that date (Apri 1 8, 1986 ). � 2. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a, misdemeanor. � 3. The undersigned applicant has read, understood anc3 hereby , agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recor-ding of this resolution in the chain of title of the property. Adopted by the City Council on this 8th day of April, 1985. ATT ST: � • - othy . Hallin, City Clerk Mary C. B er, Niayor Proper y Ow er