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, ��ti � ' <br /> �_ _ <br /> � < � �fx C�t o� ORONO <br /> • .� �;=:M� <br /> � <br /> '.�:5�;: <br /> RESOLUTION OF THE CITY COUNCI L <br /> , �'"r 18 81 <br /> :�. � NO. <br /> ,� � , � <br /> 4. The City Council has considered this application including the <br /> findings and recommendations of the Orono staff and the effect of <br /> the proposed variance on the health, safety and welfare of the <br /> community. <br /> 5. The City Council finds that the conditions existing on this <br /> property are peculiar to it and do not apply generally to other <br /> property in this zoning district; that granting the variance <br /> would not adversely affect traffic conditions, light, air nor <br /> pose a fire hazard or other danger to neighboring property; would <br /> not merely serve as a convenience to the applicant, but is <br /> necessary to alleviate a demonstrable hardship or difficulty; is <br /> necessary to preserve a substantial property right of the appli- <br /> • cant; and would be in keeping with the spirit and intent of the <br /> Zoning Code and Comprehensive Plan of the City. <br /> CONCLIISIONS, ORDER AND CONDITIONS <br /> Based upon the above findings, the Orono City Council hereby <br /> grants a variance to the Municipal Zoning Code Section 10.28, Sub- <br /> division 5 (B) , to permit the construction of an attached garage <br /> located 11 feet from the northerly side lot line where a 30-foot <br /> - setback is normal ly required subject to the following conditions: <br /> ,. _ <br /> 1. An easement for setback and open space purposes shall be <br /> granted over Lot 3 in favor of Lot 4, such easement to be <br /> recorded in the chain of title of both properties by the <br /> � applicant. � <br /> 2 . Authorities granted by this variance run with the property <br /> not with the applicant, but are permissive only. The applicant <br /> may proceed with construction per the current Building Permit No. <br /> 2135 dated March 11, 1985. <br /> �. Violation of or non-compliance with any of the terms and <br /> conditions of this variance shall constitute a violation of the <br /> zoning code, shall automatically terminate any authority granted <br /> herein, and shall be punishable as a misdemeanor. <br /> � . <br /> Page 2 of 4 <br /> Y <br />