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� C�t� o� ORONO � <br /> • R�SOWTION OF THE CITY COUNCIL <br /> � <br /> � NO. 2028 <br /> • - • • <br /> 6. The City Council has considered this application including <br /> the findings and recommendations of the Planning Commission, <br /> reports by City staff, comments by the applicant and the effect <br /> of the proposed variance on the health, safety and welfare of the <br /> community. <br /> 7. The City Council finds that the conditions existing on this <br /> property are peculiar to it and do not apply general ly 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 <br /> applicant; and would be in keeping with the spirit and intent of <br /> � the Zoning Code and Comprehensive Plan of the City. <br /> CONCLDSIONS, ORDER AND CONDITIONS <br /> Based upon the above -findings, the Orono City Council hereby <br /> grants a variance to the Municipal Zoning Code Section 10.03, <br /> Subdivision 15 (C) and 10. 03 , Subdivision 9 (D) to permit the <br /> construction of driveway entrance walls 6 feet in height in a front <br /> yard area where the maximum fence or wall height normally allowed is <br /> 3.5 feet, and which constitute accessory structures in the front yard <br /> . where accessory structures are not normally allowed, subject to the <br /> following conditions: <br /> 1. Applicant shall obtain a building permit for the construction � <br /> of the walls. <br /> �2. Authorities granted by this variance run with the property <br /> not with the applicant, but are permissive only and must be <br /> exercised by application for a building permit within one year of <br /> the date of Council approval, or this variance will expire, on <br /> that date (July 28, 1987). <br /> 3. 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 /> � Page 2 of 4 <br />